The single-judge bench dismissed an application for pre-arrest bail. The court rejected the claim of false implication and denied bail, noting that two vehicles owned by the applicant were found carrying illegally extracted sand and subsequent orders were made against him.
Pre-arrest bail application rejected.
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.
ISM
1 905.248.19 aba.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 248 OF 2019
Totappa Shivanand Motagi .....Applicant
V/s.
The State of Maharashtra
.....Respondent
Mr. Ujwal R. Agandsurve advocate for the applicant Ms. S. S. Kaushik APP for the State
CORAM : NITIN W. SAMBRE, J.
DATE : JANUARY 29, 2019.
P.C.
Heard the learned counsel for the applicant and the learned
APP.
2 In Crime No. 313/2018 registered with Akkalkot South Police
Station, Dist. Solapur for offence punishable under Sections 379, 353 r/w 34 of the Indian Penal Code and Sections 8 and 15 of Environment (Protection) Act, applicant is seeking pre-arrest bail.
2 905.248.19 aba.doc
[NITIN W. SAMBRE, J.]
2 issues framed by the court
Whether pre-arrest bail should be granted despite the applicant not being named in the FIR.
Whether a false implication was made against the applicant regarding the illegal extraction of sand.
2 provisions across 2 enactments
Totappa Shivanand Motagi
The State of Maharashtra
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
