Totappa Shivanand Motagi v. The State Of Maharashtra

1 905.248.19 aba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 248 OF 2019 Totappa Shivanand Motagi .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Ujwal R. Agandsurve advocate for the applicant Ms. S. S. Kaushik APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

JANUARY 29, 2019.

P.C.

Heard the learned counsel for the applicant and the learned APP.

In Crime No. 313/2018 registered with Akkalkot South Police Station, Dist. Solapur for offence punishable under Sections 379, 353 r/w 34 of the Indian Penal Code and Sections 8 and 15 of Environment (Protection) Act, applicant is seeking pre-arrest bail.

2 905.248.19 aba.doc It is the contention of the applicant is that he is not named in the F.I.R. and there is false implication.

It is not in dispute that of the total vehicles which were found to be carrying sand illegally extracted from the riverbed, two of them are owned by the applicant which were illegally removed from the custody of the Revenue Officers. Delay of two days caused in lodging F.I.R. is also explained.

That being so, no case is made out for grant of pre-arrest bail. Application stands rejected.

[NITIN W. SAMBRE, J.]