Vilas S/O Manikrao Barde v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 26 OF 2016 Vilas s/o Manikrao Barde ...Applicant versus The State of Maharashtra & anr.

...Respondents

.....

Mr. V. S. Undre, Advocate for applicant Mr. M. M. Nerlikar, A.P.P. for respondents .....

CORAM : N.W. SAMBRE, J.

DATE : 1st FEBRUARY, 2016 ORAL ORDER :

The applicant is seeking regular bail in Crime No. 182 of 2015 registered with Bhokardan Police Station, Tq. Bhokardan, Dist. Jalna for the offence punishable under Section 307, 511, 363, 353, 379, 279 of Indian Penal Code.

2.

In the above referred offence, after the applicant was arrested, the investigation was set in motion and applicant was subjected to police custody.

3.

While trying to make out case for grant of bail, learned Counsel for the applicant would urge that perusal of the F.I.R. would depicts that no injury is caused to any of the public servants and his

-2implication is based on his driving heavy vehicle which was loaded with the sand for which no royalty was paid. Learned Counsel for the applicant would add that, vehicle of the applicant was already detained and in case of he being chargesheeted, he will be available for trial.

4.

Learned A. P. P. opposed the application on the ground that, the investigation in the matter is still going on and the applicant has committed serious crime for the offence punishable under Sections 307, 511, 363, 353, 379, 279 of Indian Penal Code. 5.

Perused the investigation papers. This is first crime wherein, the applicant has named as an accused, wherein illegal drawing of sand and transportation of the same and non-compliance of the orders of the public servant, is alleged. 6.

Perusal of the F.I.R. though depicts serious conduct on the part of the applicant, however, it is required to be noted herein that, vehicle of the applicant is already seized and drawing of sand illegally, is an issue which is required to be dealt with independently by levying penalty on the applicant.

7.

In view above, in my opinion, custodial interrogation of

-3the applicant is hardly of any necessity. Learned Counsel for the applicant assures that vehicle in question and the applicant will not indulge in similar type of offence.

8.

In that view of the matter, the applicant is entitled to be released on bail. Hence I pass following order. The Applicant be released on bail, in connection with Crime No. 182 of 2015 registered with Bhokardan Police Station, Tq. Bhokardan, Dist. Jalna for the offence punishable under Section 307, 511, 363, 353, 379, 279 of Indian Penal Code, upon furnishing P. R. Bond of Rs. 15,000/- with one surety in the like amount. 9.

Criminal Application stands allowed in above terms. [ N.W. SAMBRE, J. ] Tupe/01.02.16