← Library
Bombay High CourtABA/912/2025allowed

Shakyub Anvar Khan/ Sakib Anvar Khan Naim Khan v. The State Of Maharashtra Thr Pso., Ps Desaiganj Dist. Gadchiroli

2026-01-14Hon'Ble Shri Justice M. W. Chandwani2 pages

56aba912.2025..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 912 OF 2025 (Shakyub Anvar Khan/Sakib Anvar Khan Naim Khan Vs. State, thr PSO, PS Desaiganj, Dist. Gadchiroli) ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. K.A. Kothari, Advocate for applicant.

Mr. S.B. Bissa, APP for non-applicant/State.

CORAM : M.W. CHANDWANI, J.

DATE : 14.01.2026.

Heard.

2.

The applicant is apprehending arrest in connection with crime No. 314/2025, registered with Desaiganj Police Station, Dist. Gadchiroli, for the offence punishable under Section 303(2) read with Section 3(5) of Bhartiya Nyaya Sanhita, 2023.

3.

The allegations are that on 14.6.2025 the police, while patrolling on the road, found one 16 wheeler truck containing sand in it. On inquiry, the driver and cleaner failed to give satisfactory answers about transportation of sand. The truck was containing appx 10 brass of sand and therefore, the aforesaid offence was registered. 4.

Having gone through the record it is revealed that the applicant is the owner of the truck and therefore, his involvement in the offence is alleged by the prosecution.

56aba912.2025..odt Considering the fact that the truck as well as the sand has already been seized. Most part of the investigation is over. Nothing is required to be seized from the applicant, therefore, custodial interrogation of the applicant is not necessary. It is to be noted that the driver and the cleaner were not arrested by the police.

5.

Considering the above aspects, nature of the offence and punishment prescribed for the said offence, a case for grant of anticipatory bail is made out. Hence, the following order:

ORDER

i) The application is allowed.

ii) In the event of arrest, the applicant be released on furnishing a P.R. Bond of Rs. 25000/- and one solvent surety in the like amount.

ii) The applicant shall attend the concerned Police Station on 22nd and 29th January, 2026.

iii) The applicant shall not tamper with the prosecution evidence and shall cooperate in the investigation. JUDGE Belkhede