Allowed

Baburao Shivram Hiwale v. the State of Mah and Anr.

Bombay HC27 Mar 2012APPLN/1337/2012

Case brief

AI extract

What is this about?

This Criminal Appeals Court granted bail to three applicants appearing on a charge sheet for offences under the IPC, Environment Protection Act, and Maharashtra Land Revenue Code. The court relied on parity principles and noted the absence of incriminating documents in the drivers' possession. Applicants were released on personal bonds and surety bonds.

What did the court decide?

Applicants released on bail on personal bonds and one solvent surety each in a sum of Rs. 50,000/- were asked to appear before the Investigating Officer.

Baburao Shivram Hiwale Vs the State of Mah and Anr. — Cheating and Forgery | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.1348 OF 2012

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Badrinath S/o.Shivajirao Kale, Age-30 years, Occu-Agriculturist, R/o.Agar Nandur, Tq.Georai, Dist.Beed APPLICANT

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VERSUS

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The State of Maharashtra, Through Georai Police Station, Georai, Dist. Beed RESPONDENT

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WITH

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CRIMINAL APPLICATION NO.1352 OF 2012

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Bhausaheb S/o.Babulal Lonari, Age-40 years, Occu-Agriculturist and business, R/o.Walunj, Tal.Gangapur, Dist. Aurangabad APPLICANT

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VERSUS

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The State of Maharashtra, 2. District Superintendent of Police, Beed, Dist. Beed RESPONDENTS

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WITH

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CRIMINAL APPLICATION NO.1337 OF 2012

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Baburao S/o.Shivram Hiwale,

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Age-32 years, Occu-Agri. And Business, R/o.Ranjangaon, Tal.Gangapur, Dist. Aurangabad APPLICANT

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VERSUS

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The State of Maharashtra,

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District Superintendent of Police, Beed, District Beed RESPONDENTS

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Mr.Shrikant Kulkarni, learned advocate for the applicant in Cri.Appl.No.1348/2012.

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Mr.K.N.Lokhande, learned advocate for applicants in Cri.Appl.No.1352/2012 and 1337/2012. Mr.D.R.Kale, learned A.P.P. for respondent/State.

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(CORAM : A.H.JOSHI, J.) DATE : 27/03/2012

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PER COURT :

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These 3 applications arise out of Crime No.307/2011 registered with Georai Police Station u/s.259, 465, 467, 468, 471, 473, 379, 420 of IPC r/w. Sections 15 and 19 of Environment Protection Act r/w. Sections 3,4 and 7 of State Emblem of India (Prohibition of Improper Use) Act 2005, r/w. Sections 48(7), 48(8) and 113/1945 of Maharashtra Land Revenue Code, 1966.

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Case of applicants stands on parity with Criminal Application No. 252/2012 decided with other applications.

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Additional circumstance, which is seen is that the police did not find in possession of the driver, cleaner etc. any material such as counterfeit or forged pass, authorizing loading of the sand.

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In this background, on the ground of parity, these applicants are entitled to the relief sought for.

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In the event of arrest of applicants, they be released on bail on their furnishing personal bonds and one solvent surety each in a sum of Rs. 50,000/-. They shall appear before the Investigating Officer on 29/03/2012, between 3 to 7 p.m., on every alternate day till the Investigating Officer excuses their further appearance.

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khs/MARCH 2012/1348-12

Baburao Shivram Hiwale v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

Baburao Shivram Hiwale v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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