Single judge order allowing anticipatory bail to applicant accused of sand encroachment/intended offences causing inability to discharge prosecution.
Application allowed with personal and solvent surety bond of Rs. 50,000/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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crap1151.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD
CRIMINAL APPLICATION NO. 1151 OF 2012
Pathan Noor Khan s/o Yusuf Khan...Applicant
VERSUS
The State of Maharashtra ...Respondent
Shri R.V.Gore, advocate for the applicant
Shri D.R.Kale, A.P.P. for respondent
CORAM : A.H.JOSHI, J.
DATED : 16.03.2012.
PER COURT:-
1. This is an application for anticipatory bail.
2. Applicant is named as an accused in Crime No. 307
of 2011, registered at Georai police station, Taluka
Georai, District Beed, for offences punishable under
Sections 259, 465, 467, 468, 471, 379, 420 of the
Indian Penal Code and Sections 15 and 19 of the
Environment Protection Act r/w Sections 3, 4 and 7 of
the State Emblem of India (Prohibition of Improper Use)
Act, 2005 r/w Section 48(7) of the Maharashtra Land
Revenue Code, 1966.
2crap1151.12
3.The accusation against the applicant is that he
arrived at the location whether the sand was being
illegally excavated and loaded in the trucks. The truck
was empty - did not contain the load of the sand.
4.This court had called upon the learned A.P.P. to
ascertain and make a statement whether any document
such as royalty slip or transport pass entitling the
driver to transport the sand was found in possession of
the truck driver.
5. Today, learned A.P.P. has stated on instructions that any such evidence was not found when the truck was seized.
6.In this background and as it appears prima facie,
the case would turn to be that of attempt of offence
than actual commission.
7. Therefore, the applicant is entitled to the relief sought for.
3crap1151.12
8. Application is allowed in terms of prayer clause
�B�. Personal bond and solvent surety shall be in a
sum of Rs. 50,000/-.
(A.H.JOSHI, J.)
dbm/crap1151.12
2 issues framed by the court
Whether anticipatory bail is applicable when the evidence prima facie suggests an attempt rather than commission of the offence.
Whether the absence of royalty slips or transport passes in seized trucks negates the charge of actual commission of offences under the IPC and Environment Protection Act.
2 provisions across 2 enactments
Pathan Noor Khan
The State of Maharashtra
A.H. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court