Santosh Bhikamchand Panpaliya v. State Of Maharashtra Thr. Pso Ps Chandur Railway Dist. Amravati

aba.640.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION(ABA) 640 OF 2017 (Santosh Bhikamchand Panpaliya ..vs...State of Maharashtra, through PSO.PS.Chandur Railway,District-Amravati. ) _____________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri M.N.Ali, Advocate for applicant.

Shri Indranil Damle, A.P.P. for State-non-applicant. CORAM :

V.M. DESHPANDE, J.

DATED :

SEPTEMBER 18, 2017 This is an application for pre-arrest bail.

2] Heard learned counsel for applicant and learned A.P.P. for State.

3] The applicant is apprehending his arrested in connection with Crime No.255/2017, registered with P.S.Chandur Railway,District-Amravati, for the offence punishable under Sections 419,420,468,471 and 379 r/w Section 34 of the Indian penal Code.

4] It is not in dispute that when the truck was intercepted , applicant was not in the truck nor the truck driver has taken name of the present applicant. Admittedly, the applicant is having rights to excavate sand from Sorta sand ghat. The fake royalty pass in respect of Tamba Ghat in respect of which the present applicant is not having any concern.

aba.640.17.odt 5] The culprit has fabricated a document and incidentally that particular invoice number pertains to the Sorta Sand ghat of the present applicant. That is not sufficient to reach to the conclusion that the applicant is involved in the theft of sand in absence of any other cogent evidence.

6] This Court passed an interim order on 11/9/2017 and granted ad-interim bail in favour of the applicant on a condition that applicant shall attend P.S.Chandur Railway,District-Amravati on 13/9/2017 and 14/9/2017 and shall be with the investigating officer. The learned counsel for the applicant submits that the applicant has followed the directions given to him and attended police station and in fact said aspect is also not disputed by the learned A.P.P. In that view of the mater I am of the view that the applicant is entitled for release as prayed for. Hence, the order.

ORDER

The order dated 11/9/2017 stands confirmed.

JUDGE Kitey