Court examined antic. bail application under IPC 395 regarding theft of trucks loaded with sand from Government premise. Applicant argued innocence and recovery of goods. Court rejected bail citing lack of trustworthiness and law and order issues.
Anticipatory bail application rejected accordingly.
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Trupti
1
908-ABA-71-2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 71 OF 2017
… Applicants
Versus
State of Maharashtra ...Respondent
Mr.Balwant V. Salunkhe for the Applicants. Mr. Y.M.Nakhwa, APP for the State-Respondent.
CORAM : MRS.MRIDULA BHATKAR, J. DATE : 27th January 2017
P.C.:
the afternoon, four trucks loaded with sand, which were illegally accelerated and transported were seized by the Revenue Department,
and they were parked and kept in the premise of Tehsil Office, Daund.
Trupti 2 908-ABA-71-2017
Sanjay Shivaji Goyakar was appointed as a watchman alongwith one person Lala Ratan Salave. When they were on duty at around 3.00 a.m., they noticed that some unknown persons arrived in the premise and they broke up the lock of the gate of the Tehsil office and they were starting four trucks. The complainant and his colleague tried to stop them. However, those persons abused and assaulted them with hand and they took away all four trucks i.e. truck numbers (1) MH-12- FZ7353 (2) MH-12-HD-1998 (3) MH-12-FZ-8946 and (4) MH-42-T-347, which were loaded with sand. Thereafter, the information was given to the police. Pursuant to the information and the search, the police who were patrolling, found all trucks loaded with sand, and sand for an amount of Rs. 22,66,000/- was also seized by the police. A complaint was given against the drivers and the owners of the respective trucks.
Trupti 3 908-ABA-71-2017
(MRIDULA BHATKAR, J.)
1 issue framed by the court
Whether anticipatory bail should be granted to applicants charged with robbery and attempted robbery involving the theft of trucks loaded with sand.
1 provisions across 1 enactments
Shri. Satish Vishwanath Jamdade
Shri. Sunil Ramchandra Bhosale
Shri. Ulhas Pandurang Waghmode
Shri. Vishal Madhukar Bhosale
State of Maharashtra
Mridula Bhaktar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
