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Bombay High CourtABA/1772/2023allowed to be withdrawn

Somnath Charu Pawar v. State Of Maharashtra

2023-07-24Hon'Ble Shri Justice S. M. Modak2 pages

by HEMANT CHANDERSEN SHIV Date:

2023.07.28 00:33:58 +0530 HEMANT CHANDERSEN SHIV 22.aba1772.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1772 OF 2023 Somnath Charu Pawar ...Applicant vs.

State of Maharashtra

...Respondent

Mr. P. K. Shahane for the Applicant.

Mr. S. R. Agarkar APP for the Respondent-State. Mr. N. B. Gaikwad, PSI, Shivaji Nagar police station present. CORAM :S. M. MODAK, J.

DATED :24TH JULY 2023 P. C. :

1.

Heard learned Advocate for the Applicant and learned APP for the Respondent-State.

2. The allegation is about committing theft of soil. It is lodged by representative of the company. The police have seized the JCB and dumper used for digging and carrying the soil, during investigation. Though the Applicant is not named in the FIR, dumper number and JCB number are mentioned in the FIR. During investigation, it was found that they belong to this Applicant.No explanation is offered how those vehicles have on the spot.

Shiv 1/2

22.aba1772.23.doc 3.

Even though the vehicles are seized, the soil costing about Rs.1,00,000/- is to be recovered.

4.

When it is indicated to the learned Advocate that this Court is not inclined to grant anticipatory bail, he seeks time to take instructions.

5.

Matter be kept back after 15 minutes.

Later on :

6.

Learned Advocate for the Applicant seeks liberty to withdraw the Application. It is disposed of as withdrawn. [S. M. MODAK, J.] Shiv 2/2