Netaji Fakkadrao Dhumal v. The State Of Maharashtra

ssk 1/2 25ABA1404/17-08/08/17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1404 OF 2017 Netaji Fakkadrao Dhumal ... Applicant vs.

State of Maharashtra ... Respondent Mr. Pranav H. Bhoite, for the Applicant.

Ms. S. S. Kaushik, A.P.P. for the State/Respondent. Mr. Bapu K. Mangde, Police Constable, Daund Police Station, Pune (Rural), present.

Coram : T. V. NALAWADE, J.

Date : 8th August, 2017 P.C. :

1.

The application is filed for relief of anticipatory bail. Both sides are heard. Papers of investigation were made available for perusal.

2.

There is allegation against the applicant that he without seeking permission of the Authority to excavate minerals, sand from the land excavated it. He had not paid royalty in respect of the mineral. Allegation made is that he committed offence of theft and also for the offences punishable under special enactments. As the land admittedly belongs to present applicant, it will not be appropriate to presume that he committed the offence of theft. Action can be taken against him with regard to the breach of provisions of other two special acts.

ssk 2/2 25ABA1404/17-08/08/17 So the application needs to be allowed. In the result, the following order:

: Order :

a) In case of arrest of the Applicant in Crime No.70 of 2017, registered with Daund Police Station, District Pune, for the offences punishable under Sections 379 and 427 of the Indian Penal Code and Section 21 of Mine and Minerals (Development and Regulation) Act, 1957 and Section 15 of the Environment (Protection) Act, 1986, he be released on bail on furnishing P.B. in the sum of Rs.15,000/- (Rupees Fifteen Thousands only) with one surety in the like amount.

b) The Applicant not to tamper the prosecution witnesses.

c) He is not to commit similar offences.

d) He is to attend the concerned Police Station on coming two Sundays between 10 am & 12 noon and he is to cooperate with the Police during the investigation.

3.

Anticipatory Bail Application is to be treated as allowed and disposed of.

[ T. V. NALAWADE, J.]