Allowed

Sardar Fatesing Pawara and Anr. v. the State of Mah and Anr.

Bombay HC9 Sept 2010APPLN/2751/2010

Case brief

AI extract

What is this about?

A criminal application for anticipatory bail was filed by two applicants apprehending arrest for offences under the Essential Commodities Act regarding seized wheat. The High Court allowed the application, confirming interim relief, due to the probability of false implication motivated by political opponents ahead of village elections, noting the bail would end upon filing of the chargesheet.

What did the court decide?

Anticipatory bail allowed; interim relief dated 19.7.2010 confirmed; bail terminates on filing of chargesheet.

Sardar Fatesing Pawara and Anr. Vs the State of Mah and Anr. — Anticipatory Bail | Bombay HC (2010)

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(1) CRI.APP. 2751.2010

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 2751 OF 2010

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1. Sardar Fatesing Pawara
 Age : 55 years, Occu.: Agri. &
 Shop Proprietor,
2. Nitin S/o Sardar Pawara,
 Age : 23 years, Occu.: Education,
 Both R/o: At/ Post Chakdu,
 Tq. Shirpur, Dist. Dhule .. Applicants
 VERSUS
1. The State of Maharashtra
 Through Police Station Officer,
 Shirpur Police Station,,
 Tq. Shirpur, Dist. Dhule
2. The Superintendent of Police,
 Dhule, Dist. Dhule
 (Copy to be served on Public
 Prosecutor, High Court Bench
 at Aurnagabad) .. Respondents
Mr. S.P. Brahme, Advocate for the Applicants
Mr. N.H. Borade, APP for the respondent-State
...

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CORAM : V.R. KINGAONKAR, J.
DATED : 9TH SEPTEMBER, 2010

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ORAL ORDER:-

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1. This is an Application for anticipatory
bail.

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(2) CRI.APP. 2751.2010

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2. The applicants apprehend their arrest in

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connection with crime no. 43 of 2010 registered at
Shirpur Police Station for the offence punishable
under the provisions of Essential Commodities Act.
Allegedly, the applicant no.1 runs a fair price shop
in village Chakdu. On 6.6.2010, a group of
villagers from village Chakdu intercepted a tractor
vehicle attached with trolley at interjection of
Fattepur. The trolley was loaded with wheat. The
villagers reported to the Police that it was the
wheat from the quota made available to the applicant
no.1 for distribution through the fair price shop.

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The wheat alongwith the trolley came to be attached.

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3.It appears that Village Panchayat election
programme was declared and was scheduled somewhere
at the fag end of June, 2010 and the nomination
forms were filled in by the candidates including the
applicant no.1. From list of valid candidates
(Exh.C) it appears that, most of the members in the
group which had intercepted the tractor and the

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(3) CRI.APP. 2751.2010

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trolley were concerned with the said election either
as candidates or supporters of such candidates who
were the opponents of applicant no.1. It further
appears that applicant no.1 owns agricultural lands
at village Borpani and Fattepur. The trolley was
found to be loaded with the wheat which was unpacked
and only there were three empty gunny bags which
were meant for use of the loading of wheat meant for
public distribution system. Mere presence of such
three empty bags by itself cannot be a reasonable
ground to infer that the wheat was meant for public
distribution system. There is no other evidence to
connect the seized wheat with the quantity of the
wheat meant for the public distribution system. It
is probable, therefore, that the political opponents
of the applicant no.1 had stage managed the seizure
of the wheat at the time when the Village Panchayat
elections were in the offing.

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4.Considering the relevant background facts

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and the probability of false implication of the
applicants, their Application is allowed. The ad-

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(4) CRI.APP. 2751.2010

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interim relief granted vide order dated 19.7.2010 is
confirmed and the Application is allowed in the same
terms. The anticipatory bail would come to an end
on filing of the chargesheet.

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 Sd/-

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 [V.R. KINGAONKAR, J.]

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arp

Sardar Fatesing Pawara and Anr. v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

Sardar Fatesing Pawara and Anr. v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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