Dnyaneshwar Ramdas Ingale v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2292 OF 2022 Mr. Dnyaneshwar Ramdas Ingale .....Applicant V/s.

State of Maharashtra ....Respondent ----- Mr. J.D. Khairnar, Advocate for the applicant. Mr. A.A. Palkar, APP for State.

CORAM : SANDEEP K. SHINDE, J.

TUESDAY, 15TH NOVEMBER, 2022.

P.C. :

1.

Heard learned Counsel for the parties.

2.

One, Imtiyaz Saiyyad, was owner of the vehicle bearing registration no. MH-16-AE-9934. It is stated that, the applicant had hired the said vehicle, on certain terms and conditions. The said vehicle was intercepted by the First Informant on 31 st May, 2022. It was found that the dumper truck was used for transporting the sand excavated from the bank of Godavari River. The driver of the said dumper was found in possession of the temporary permit issued by

2/3 licensee-co-accused. The said permit was found forged and fabricated. Therefore, Crime No. 185/2022 came to be registered against the applicant and others with Yeola Taluka Police Station, District-Nashik for the offences punishable under Sections 379, 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code and under Section 48(7) of the Maharashtra Land Revenue code, 1966.

3.

This Court, vide order dated 24 th August, 2022 granted interim pre-arrest protection on certain terms and conditions. Indisputedly, the applicant has complied with all the conditions. Pending application, licensee-Manisha Jadhav (co-accused) has been granted pre-arrest bail by this Court vide order dated 14 th October, 2022. In that view of the matter, case is made out for pre-arrest protection to the applicant. Hence, the following order :

O R D E R

(i) In the event of arrest of the Applicant in Crime No. 185/2022 registered with Yeola Taluka Police Station, Dist. Nashik, he shall be released on bail on executing P.R Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount.

(ii) The Applicant shall report to the investigating Officer, as when when called.

3/3 (iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. (iv) The applicant to furnish residential address and contact details to the Investigating Officer within a week from today.

4.

Application is allowed and disposed of.

5.

It is made clear that observations made here-inabove be construed as expression of opinion for the purpose of bail only and the same shall not in any way influence the trial in other proceedings.

NEETA SHAILESH SAWANT (SANDEEP K. SHINDE, J.) NEETA SHAILESH SAWANT Date: 2022.11.15 19:29:20 +0530