Baburao Dnyandeo Kokare v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1529 OF 2018 Baburao Dnyandeo Kokare ..Applicant v/s.

The State of Maharashtra .

..Respondents Mr. Vikas Shivarkar for the Applicant.

Mr. S.S.Pednekar APP for the State.

CORAM : ANUJA PRABHUDESSAI,J.

DATED : OCTOBER 24, 2018.

P.C.

1.

This is an application under Section 438 Cr.P.C. filed by the aforesaid applicant apprehending his arrest in C.R.No.522 of 2018 registered with Hadapsar Police Station, Pune for offence under Section 379 of IPC.

2.

Heard Mr. Shivarkar, the learned Counsel for the applicant and Shri Pednekar, the learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties .

3.

The aforesaid crime was registered pursuant to the FIR lodged

by Ratan Pandurang Kamble. The allegation against the applicant herein is that he was involved in illegal sand extraction. It is not in dispute that the applicant herein was not present at the place where the sand was allegedly extracted. The only allegation against the applicant is that his truck was used for transporting the sand. The learned Counsel for the applicant submits that the truck of the applicant was hired and that the applicant was not aware that the same was used for transporting illegally extracted sand. Be that as it may, the applicant is a permanent resident of Indapur, Pune, and there are no chances of this absconding or thwarting course of justice. He has no criminal antecedents.

4.

Considering the above facts and circumstances, in my considered view, this is not a case which warrants custodial interrogation. Hence, the application is allowed on the following terms and conditions:- (i) In the event of arrest of the applicant in Crime No.522 of 2018 registered with Hadapsar Police Station, Pune, the applicant be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twentyfive Thousand Only) with one or two solvent sureties in the

like amount;

(ii) The applicant shall report to the Investigating Officer for seven days from Monday 29th October, 2018, and further as and when required by the Investigating Officer for the purpose of investigation and interrogation.

(iii) The applicant shall provide his permanent as well as temporary address, if any, and his contact details to the Investigating Officer. (iv) The applicant shall not change his residential address without prior intimation to the Investigation Officer. (ANUJA PRABHUDESSAI, J.)