Dilip Shivram Shinde And ORS v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3031 OF 2018

1. Dilip Shivram Shinde, Age 32 years, Occ.Driver, R/o.Janta Nagar, Mashyacha Pada, Kashimira, Tal. & Dist. Thane.

2. Mohammad Islam Abdul Kuttas, Age 28 years, Occ.Driver, R/o.Pelhar Vasai (East), Behind Hotel Amrela, Tal.Vasai, Dist.Thane.

3. Arshad Mohammad Ismail Khan, Age 21 years, Occ.Driver, R/o.Pelhar Vasai (East), Behind Chache Dhaba, Tal.Vasai, Dist.Thane.

4. Ganesh (Ganibhai) Ramvilas Barai, Age 30 years, Occ.Driver, R/o.Talasari Saturpada, Tal.Talasari, Dist.Palghar.

(Presently lodged at Thane Central Jail) Applicants versus The State of Maharashtra Respondent Mr.I.K.Tripathi I/by Bhagyashree Gawas for applicants. Mr.S.R.Agarkar, APP, for State.

Mr.Mahajan, Manor Police Station, present.

CORAM :

PRAKASH D. NAIK, J.

DATE : 3rd December 2018 PC :

1.

This is an application for bail. The applicants are arrested on 31st October 2018 in connection with CR No.I-162 of 2018 registered with Manor Police Station, District Palghar. The prosecution case is that on 30th October 2018 the investigating officer noticed three trucks loaded with sand. The duty officer asked the inmates of the trucks about the source of sand loaded in the trucks. The license for

2 of 2 9.BA.3031.2018.doc the sand was not obtained and sand was brought from Gujarat. The offences were registered under Sections 379, 413, 414, 34 of Indian Penal Code.

2.

The applicants appear to be drivers of the said trucks from which the sand was recovered. They are in custody from the date of arrest. The owners of the trucks are not yet arrested. The applicants were initially remanded to police custody and then judicial custody. Further detention of the applicants is not necessary. There are no criminal antecedents against the applicants.

3.

Case for grant of bail is made out. Hence, I pass following order :

ORDER

(i) Criminal Bail Application NO.3031 of 2018 is allowed and disposed off;

(ii) The applicants are directed to be released on bail in connection with CR No.I-162 of 2018 registered with Manor Police Station, District Palghar, on furnishing PR bond in the sum of Rs.20,000/- each with one or more sureties in the like amount; (iii) The applicants shall report Manor Police Station once in a month on every first Saturday between 10 am and 12 noon; (iv) The applicants are permitted to furnish cash security in the sum of Rs.20,000/- each for a period of six weeks. (PRAKASH D. NAIK, J.) MST