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Bombay High CourtABA/2625/2019allowed

Ajay @ Pappu S/O Rajendra Pawar v. The State Of Maharashtra

2023-02-07Hon'Ble Shri Justice N. R. Borkar2 pages

17-ABA-2625-19.doc Digitally signed by DINESH SADANAND SHERLA Date:

2023.05.08 16:16:42 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2625 OF 2019 Ajay @ Pappu s/o. Rajendra Pawar ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. K.N. Shermale for the Applicant.

Mrs.Veera Shinde, APP for the Respondent/State

CORAM

:

N.R. BORKAR, J.

DATE :

07.02.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No. 177 of 2019 registered at Shirur Police Station, Pune for the ofences punishable under Sections 353, 392, 341, 379 and 506 read with 34 of the Indian Penal Code and Sections 8 and 15 of the Protection of Environment Act.

3.

According to the prosecution, on the date of incident, which took place on 11 March 2019, the co-accused were found to be illegally excavating sand from the bank of river Ghodnadi through porcelain machine. The said porcelain machine was owned by the present applicant. It is alleged that when the Revenue Ofcers were taking the said vehicles in their custody, the present applicant came there and obstructed them from doing so and even threatened them to involve in false case. Dinesh S. Sherla 1/2

17-ABA-2625-19.doc 4.

This Court by order dated 29 November 2019 protected the present applicant from arrest and the said order is in operation for more than three years. There are no other criminal antecedents. Considering the overall facts and circumstances, I am inclined to release the applicant on anticipatory bail. In the result the following order is passed.

ORDER

A) The Anticipatory Bail Application is allowed. B) In the event of arrest of the applicant in C.R. No. 177 of 2019 registered at Shirur Police Station, Pune for the ofences punishable under Sections 353, 392, 341, 379 and 506 read with 34 of the Indian Penal Code and Sections 8 and 15 of the Protection of Environment Act, the applicant be released on bail on executing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2