Allowed

Atul Vilas Lawate v. the State of Maharashtra

Bombay HC14 Aug 2014ABA/1013/2014

Case brief

AI extract

What is this about?

Court granted anticipatory bail to an accused charged under IPC 379(c) and Mines and Mineral Act for illegal sand excavation and theft, imposing conditions regarding future conduct and police appearance.

What did the court decide?

Application allowed; accused to be enlarged on bail on furnishing RP Bond of Rs.20,000 with one or two sureties; accused shall not commit such offence; attend police station every Tuesday.

Atul Vilas Lawate Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2014)

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906.ABA1013_2014.doc

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Vidya Amin

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 1013 OF 2014

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Atul Vilas Lawate … Applicant

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vs.

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The State of Maharashtra … Respondent

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Mr. Datta Mane, Advocate for the applicant. Mrs. A.A. Mane, APP for the State.

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CORAM : MRS. MRIDULA BHATKAR, J. DATE : 14^th August, 2014.

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P.C.

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This Application is moved for anticipatory bail by the

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applicant/accused, who is facing charges under sections 379(c) of the Indian Penal Code and sections 9 and 15of Mines and Mineral Act in C.R. No. 171 of 2014 registered with Sangola Police Station.

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The incident has taken place on 28^th May, 2014. Mr. Vidhya Pandurang Shinde, who is Talathi of village Methawade, Taluka Sangola, District Solapur is the informant. On 21^st May, 2014 she received telephonic information at 10 p.m. from Tehsildar of Sangola that one tractor is being filled up with sand near Gangathade mala in village Methawade. He told her to catch the tractor and bring it to Tahsildar office. She, therefore, along with Kotwal Mr. Dilawar Waghmare went to the spot and she found that applicant/accused was excavating and filling

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906.ABA1013_2014.doc

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up sand with the help of labourers. She enquired the permission, however she found that he was not having any permission. Therefore, she seized the tractor bearing no. MH 21 D1791 along with the trolley. At the time of seizure of the tractor, she found one brass sand valuing Rs.9,700/ was filled up in the trolley. Under panchanama everything was seized. Hence, the offence was registered against the applicant/accused.

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The learned counsel for the applicant/accused has submitted that the sand which is a stolen material is already seized by the police. It is with the police and hence the custody of the applicant/accused is not required.

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Learned APP opposed the application. She submitted that the applicant/accused might have committed other offence of the similar nature, hence his custody is required.

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Investigating officer is absent though he was asked to remain present in the Court. The police have caught the applicant/accused red handed. The stolen sand was seized on the spot under the panchnama. In view of this, I am inclined to grant prearrest bail to the applicant/accused on the following terms and conditions:

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906.ABA1013_2014.doc

O R D E R

(i) Application is allowed.

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(ii) In the event of arrest, the applicant/accused be enlarged

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on bail on furnishing P.R. Bond in a sum of Rs.20,000/ with one or two sureties in the like amount.

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(iii) The applicant/accused shall not hereafter commit any such offence of illegal excavation and stealing of sand.

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(iv) The applicant/accused shall attend the concerned police station on every Tuesday between 4 p.m. to 6 p.m. till the filing of the charge sheet and shall cooperate the investigating officer.

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(MRS.MRIDULA BHATKAR, J.)

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Atul Vilas Lawate v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Atul Vilas Lawate v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

Coram

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