Allowed

Bharat Sudamrao Pawar v. the State of Maharshtra and Anr.

Bombay HC9 Feb 2012APPLN/265/2012

Case brief

AI extract

What is this about?

High Court of Bombay at Aurangabad granted anticipatory bail to multiple applicants accused of offences under IPC and environmental statutes. The court distinguished applicants (owning empty trucks) from those whose trucks were loaded with sand, deeming their involvement prima-facie weaker and sufficient for interrogation upon appearance.

What did the court decide?

Applications for bail allowed; applicants released on personal bonds and one solvent surety each of Rs. 50,000 each, conditional upon appearing before the investigating officer on alternate days.

Bharat Sudamrao Pawar Vs the State of Maharshtra and Anr. — Quashing and FIR | Bombay HC (2012)

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Cri.Appl.No.252 of 2012 and others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.252 OF 2012

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Vinod Kantilal Mugdiya, Age-37 years, Occu-Business, R/o.Kushal Nagar, Jalna Road, Aurangabad APPLICANT

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VERSUS

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The State of Maharashtra

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Superintendent of Police, Beed RESPONDENTS

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Mr.N.S.Ghanekar, learned counsel for the applicant. Mr.D.R.Kale, learned A.P.P. for respondent/State.

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WITH

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CRIMINAL APPLICATION NO.264 OF 2012

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Maganrao Ramrao Bhalekar, Age-45 years, Occu-Agriculturist, R/o.Nipani, Tq. And Dist.Aurangabad

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APPLICANT

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VERSUS

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The State of Maharashtra

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Superintendent of Police, Beed

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RESPONDENTS

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Mr.K.N.Lokhande, learned counsel for the applicant. Mr.D.R.Kale, learned A.P.P. for respondent/State.

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WITH

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CRIMINAL APPLICATION NO.265 OF 2012

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Bharat Sudamrao Pawar, Age-35 years, Occu-Agriculturist, R/o.Pachod (Vikod), Tq. and Dist. Aurangabad

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APPLICANT

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2 Cri.Appl.No.252 of 2012 and others

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VERSUS

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The State of Maharashtra 2. District Superintendent of Police, Beed, Dist.Beed RESPONDENTS Mr.K.N.Lokhande, learned counsel for the applicant. Mr.D.R.Kale, learned A.P.P. for respondent/State.

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WITH
CRIMINAL APPLICATION NO.277 OF 2012
1. Babasaheb Shankar Shinde, Age-53 years, Occu-Agriculturist and Business, R/o.Zalta, Tq.Aurangabad, Dist.Aurangabad
2. Badri Yadhavrao Shinde, Age-34 years, Occu-Agriculturist and Business, R/o.Zalta, Tq. Aurangabad, Dist.Auranbabad APPLICANTS
VERSUS
The State of Maharashtra,
Through Police Station,
Georai, Tal.Beed,Dist.Beed RESPONDENT
Mr.R.R.Suryawanshi, learned counsel for the applicants. Mr.D.R.Kale, learned A.P.P. for respondent/State.

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(CORAM : A.H.JOSHI, J.)

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DATE : 09/02/2012

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PER COURT :

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Applicants are amongst accused named in Crime No.307/2011, registered in 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.

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Cri.Appl.No.252 of 2012 and others

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Section 48(7), 48(8) of Maharashtra Land Revenue Code, 1966.

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Applicants herein are the truck owners, whose empty trucks were found on the place of offence mostly waiting to have the sand loaded therein.

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Case of these applicants stands on different footing than the truck owners whose trucks were actually seen loaded with sand from the site and hence they have primafacie actually committed the offence.

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Therefore, it shall suffice if these applicants make themselves available for interrogation to reveal how they have reached the spot and at whose behest etc.

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In this situation, the applicants are entitled for 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 14/02/2012, between 3 to 7 p.m., on every alternate day till the Investigation Officer excuses their further appearance.

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khs/FEB.2012/cri.appl.252-12

Bharat Sudamrao Pawar v. the State of Maharshtra and Anr.

Case brief

What is this about?

What did the court decide?

Bharat Sudamrao Pawar v. the State of Maharshtra 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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