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Ganesh Shamrao Dongre Vs the State of Mah — Bail and Remand | Bombay HC (2012)

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Bombay HC
2012
Ganesh Shamrao Dongre Vs the State of MahGanesh Shamrao Dongre v. the State of Mah

Allowed

Ganesh Shamrao Dongre v. the State of Mah

Bombay HC9 Feb 2012APPLN/421/2012

Case brief

AI extract

What is this about?

This single-judge Criminal Application order granted anticipatory bail to the applicant, a truck owner named as an accused in a crime involving IPC and environmental breaches, directing personal bonds and appearance before the investigating officer.

What did the court decide?

Application allowed; personal bond and solvent surety fixed at Rs. 50,000/-; applicant directed to appear before Investigating Officer on alternate days.

What the court decided

AI extract

Outcome

Application allowed; personal bond and solvent surety fixed at Rs. 50,000/-; applicant directed to appear before Investigating Officer on alternate days.

Issue for consideration

Whether the applicant is entitled to anticipatory bail given limited role in transportation and absence of objection to interrogation grounds.

Detailed headnote1 paragraphs

Application for anticipatory bail allowed. Applicant named as accused in IPC and environmental offences but had limited role as truck driver. Court found no objection grounds for interrogation. Personal bond and solvent surety fixed at Rs. 50,000/-; appearance before IO directed.

A compact analysis

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.

A

1

Cri.Appl.No.421 of 2012

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.421 OF 2012

Ganesh S/o.Shamrao Dongre, Age-32 years, Occu-Agriculturist, R/o.Pendgaon, Tal. And Dist. Beed APPLICANT

VERSUS

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

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

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

DATE : 09/02/2012

PER COURT :

This is an application for anticipatory bail.

Applicant is named as accused 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. Section 48(7), 48(8) of Maharashtra Land Revenue Code, 1966.

Applicant is the owner of the truck which is used for transportation of the earth moving machine at the place of offence. The role of the driver of this truck is extremely limited to the extent of transportation of the earth moving machine. As the truck was found on the spot, he is named as the accused.

2

Cri.Appl.No.421 of 2012

The need of interrogation of this applicant may be considered necessary by the Investigating Officer. However, there are no grounds of objection for bail of this applicant surfaces.

In this situation, applicant is entitled for the protection sought for.

Application is allowed in terms of prayer clause ‘B’. The personal bond and solvent surety shall be in a sum of Rs.50,000/-.

Applicant is directed to appear before the Investigating Officer on every alternate day, commencing from 14/02/2012 for one week and thereafter as and when directed by the Investigation Officer.

(A.H.JOSHI, J.)

khs/FEB.2012/cri.appl.421-12

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the applicant is entitled to anticipatory bail given limited role in transportation and absence of objection to interrogation grounds.

Statutes considered

3 provisions across 3 enactments

AI extract

Indian Penal Code259, 465, 467, 468, 471, 473, 37
State Emblem of India (Prohibition of Improper Use) Act 20053, 4, 7
Maharashtra Land Revenue Code, 196648(7), 48(8)

Parties & counsel

AI extract

applicant
Ganesh S/o.Shamrao Dongre
respondent
The State of Maharashtra, Through Police Inspector, Police Station, Georai

Coram

AI extract

A.H. Joshi

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 9 Feb 2012 · February
Registered: 23 Jan 2012
Case no.: APPLN/421/2012
CNR: HCBM030028472012
Topic: Bail and Remand
Bench: A. H. Joshi
Disposal: APPLICATION ALLOWED

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Cite this judgement

Ganesh Shamrao Dongre v. the State of Mah, APPLN/421/2012 (BOM), decided on 9 February 2012.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Indian Penal Code259, 465, 467, 468, 471, 473, 37
State Emblem of India (Prohibition of Improper Use) Act 20053, 4, 7
Maharashtra Land Revenue Code, 196648(7), 48(8)

View all statutes

Bench / Coram

A.H. Joshi

Parties & counsel