The Bombay High Court rejected an anticipatory bail application filed by an accused in a sand excavation case. The court held no case for bail as the accused escaped, witnesses disclosed names immediately, and custodial interrogation was essential.
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.
909-ABA-253-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.253 OF 2019
Pramod Kisan Budhe … Applicant Versus State of Maharashtra. … Respondents
Mr. D. D. Ranaware I/b. Rahul M. More for Applicant. Mr. S. H. Yadav, APP for State.
Mr. R. S. Sartape, P.N., Vaduj p.stn. is present.
CORAM :- SARANG V. KOTWAL, J. DATE :- 14th JUNE, 2019
P. C. :-
with C.R.No.I 444 of 2018 registered with Vaduj police station, Satara, under Section 379 r/w. 34 of the IPC and Sections 8 and 15 of Environment (Protection) Rules, 1986.
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road as per prior information. The Pick-up van was chased. The passengers and others jumped from the vehicle and ran away. The driver was caught on the spot. He gave names of the persons who had ran away from the pick-up van. One of them was the present applicant who was arrayed as an accused in the entire episode of sand excavation. The pickup van was found to carry one brass of sand. On the information of the person apprehended on the spot, further sand stored at some other places was also seized.
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caught on the spot has immediately disclosed the name of the applicant, therefore, there was no time to concoct a false story. Considering all these aspects, no case of anticipatory bail is made out. The custodial interrogation of applicant is necessary. Application is rejected.
(SARANG V. KOTWAL, J.)
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2 issues framed by the court
Whether anticipatory bail is maintainable in respect of the applicant for illegal sand excavation.
Whether custodial interrogation is necessary to elicit relevant facts.
2 provisions across 2 enactments
Pramod Kisan Budhe
State of Maharashtra
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
