Bombay High Court
Sachin Govind Nimbalkar vs The State Of Maharashtra on 24 September, 2019
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
910-aba-2073-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2073 OF 2019
Mr. Sachin Govind Nimbalkar .... Applicant
Versus
The State of Maharashtra .... Respondent
______
Mr. Purushottam G. Chavan, Advocate for Applicant.
Smt. A. A. Takalkar, APP for the State/Respondent.
Mr. A. D. Bhosale, Police Naik, Pandharpur Taluka Police Station
present.
______
CORAM : SARANG V. KOTWAL, J.
DATE : 24th SEPTEMBER, 2019
P.C. :
1. The Applicant is seeking anticipatory bail in connection
with C.R.No. 346 of 2019 registered with Pandharpur Taluka
Police Station, under sections 379 r/w. 34 of the Indian Penal
Code and under sections 9 and 15 of the Environment Protection
Act, 1986.
2. The offence is lodged on 24/06/2019 by Police
Constable Amar Patil attached to Police Head Quarter (Special
V.B.Gokhale 1 of 4
::: Uploaded on - 26/09/2019 ::: Downloaded on - 26/09/2019 21:14:24 :::
910-aba-2073-19.odt
Squad) Solapur. He has stated in his FIR that they were on
patrolling duty on 24/06/2019 at around 7.00a.m. The police staff
noticed three dumpers passing from the Pandharpur Modnimb
road near bus stand of Aadhiv village. The police staff intercepted
those dumpers. The vehicles were stopped. One of the drivers ran
away, but two drivers were accosted on the spot. One of the
drivers mentioned that out of these three dumpers one dumper
was owned by the present applicant. All these dumpers were
carrying sand. Some other people following these dumpers came
in different four wheelers. They were also accosted. Accused were
arrested and FIR was lodged. The applicant was apprehending his
arrest as one of the drivers has given his name as owner of one of
the dumpers.
3. I have heard Mr. Purushottam Chavan, learned counsel
for the Applicant and Smt. A. A. Takalkar, learned APP for the
State/Respondent.
4. Learned counsel for the applicant submitted that
though, the dumper is standing in his name in the RTO record, he
has already sold this particular dumper to one Ramesh Salunkhe.
V.B.Gokhale 2 of 4
::: Uploaded on - 26/09/2019 ::: Downloaded on - 26/09/2019 21:14:24 :::
910-aba-2073-19.odt
Ramesh Salunkhe had preferred an application for return of that
dumper. That application was filed vide Criminal Miscellaneous
Application No.579 of 2019 in the court of J.M.F.C., Pandharpur.
The court had given that vehicle in possession of Ramesh Salunkhe
vide order dated 16/07/2019. He, therefore, submitted that since
this third person Ramesh Salunkhe has admitted that the dumper
was in his possession and was using it, it is more than clear that
the applicant has no concern with the alleged offence, though,
driver for some reason has given his name.
5. Learned APP, on instructions, stated that, besides the
present applicant, even Ramesh Salunkhe is made an accused in
this case.
6. I have considered these submissions. Obviously, both
of them cannot be accused in this case because the dumper can be
used by either of them. Though, RTO record shows that it was still
registered in the name of the applicant, the application made
before the J.M.F.C. Pandharpur shows that through their
transaction Ramesh Salunkhe had taken the possession of the
dumper and was using it on the date of offence. Therefore, at this
V.B.Gokhale 3 of 4
::: Uploaded on - 26/09/2019 ::: Downloaded on - 26/09/2019 21:14:24 :::
910-aba-2073-19.odt
stage, there is sufficient doubt created about the applicant's
involvement in the offence. Therefore, his custodial interrogation
will not be justified in this case. Though, he will have to attend the
concerned police station and co-operate with the investigation.
7. Hence, the following order :
ORDER
(i) In the event of his arrest in connection with C.R. No. 346 of 2019 registered with Pandharpur Taluka Police Station, the applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.
(ii) The applicant shall attend the concerned Police Station as and when called.
(iii) Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
V.B.Gokhale 4 of 4
::: Uploaded on - 26/09/2019 ::: Downloaded on - 26/09/2019 21:14:24 :::