Allowed

Zakir Hussain Babaso Landage v. the State of Maharashtra

Bombay HC22 Jul 2014ABA/721/2014

Case brief

AI extract

What is this about?

In a bail application under the CrPC, the High Court granted anticipatory bail to an accused prosecuted for theft of sand and violations of the Motor Vehicles Act, imposing conditions regarding surrender, cooperation, and non-tampering with evidence.

What did the court decide?

Anticipatory bail granted subject to the furnishing of a bond, prohibition on tampering with evidence, and reporting to the police station as directed.

Zakir Hussain Babaso Landage Vs the State of Maharashtra — Motor Accident Claims | Bombay HC (2014)

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Sherla V.

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aba.721.2014.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.721 OF 2014

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Zakir Hussain Babaso Landage ... Applicant

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Vs.

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The State of Maharashtra ... Respondent

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Mr.Kuldeep S. Patil for the Applicant Ms.Alpa Javeri, APP, for Respondent – State

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CORAM: MRS.MRIDULA BHATKAR, J.

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DATE: JULY 22, 2014

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P.C.:

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The applicant/accused is prosecuted under section 379 r/w section 34 of the Indian Penal Code and also under sections 130, 177 and 3(1)/181 of the Motor Vehicles Act. A police constable is the first informant in this case, who has stated that he alongwith other police team, caught a truck bearing No.MH-42-B-9492, which was full with sand. The driver was not having a licence. However, although he was having a permit to take 02 bras of sand, more sand was illegally loaded in the truck and the sand was taken from the place where he was not permitted. Thus, the police lodged complaint against the driver, owner and the present applicant, who is a contractor and permit holder for the offence of theft of sand.

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The learned Counsel for the applicant has submitted that the sand was seized on the spot. He is a contractor and he is not owner of the

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aba.721.2014.doc

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truck. He was given the contract by the owner of the truck to excavate sand from the river bank and he had no control over the driver or the owner of the truck as to how much quantity of sand they were carrying. However, the applicant/accused is the permit holder to excavate the sand of 02 bras. The learned Counsel further submitted that earlier, one case of similar nature, though was registered against him, it was out of hostility with the other contractors.

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Learned Prosecutor has opposed the application mainly on the ground that the applicant is the accused in another offence which is registered against him of similar nature in the same span of time.

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Perused the FIR. The truck was caught red handed. The sand was seized. It appears that from the record that there is one more offence registered against him of similar nature. Considering the nature of the offence and the facts of the case, I am inclined to grant anticipatory bail to the applicant as under:

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i) In the event of arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount;

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ii) The applicant shall not tamper with the evidence;

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aba.721.2014.doc

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iii) The applicant/accused shall not commit any offence of theft of sand and if it is found, then the prosecution is at liberty to move the Court for cancellation of the bail;

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iv) The applicant shall cooperate with the investigating officer and shall report to the concerned police station on 31^st July, 2014 between 6pm to 8pm .

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Anticipatory Bail Application is disposed of on the above terms.

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(MRS.MRIDULA BHATKAR, J.)

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Zakir Hussain Babaso Landage v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Zakir Hussain Babaso Landage v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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