Allowed

M/S. Shree Gajanan Construction Company Thr Its Partner Shri. Vilas Sontakke v. State of Maharashtra, Thr. Pso Ps Shirpur, Tah. Wani, Dist. Yavatmal and 3 Others

Bombay HC22 Jan 2021APL/836/2020

Case brief

AI extract

What is this about?

Application for relaxation of bail condition. Court relaxed the requirement of obtaining No Objection Certificate from Mines and Minerals Office as the impugned vehicle was lying idle for four months.

What did the court decide?

Relaxation of the condition regarding No Objection Certificate from Mines and Minerals Office is granted.

M/S. Shree Gajanan Construction Company Thr Its… — Execution and Attachment | Bombay HC (2021)

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2201apl836.20

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

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CRIMINAL APPLICATION (APL) NO. 836 OF 2020

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(M/s. Shree Gajanan Construction Company thr. its Partner Shri Vilas Sontakke vs. State of
Maharashtra thr. Police Station, Shirpur, Tahsil – Wani, District – Yavatmal & 3 Ors.)

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Office Notes, Office Memoranda of Coram,__________________________________________________________________________
appearances, Court's orders of directionsCourt's or Judge's orders.
and Registrar's Orders.

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Shri Madhur Deo, Advocate for the applicant.
Shri H.D. Dubey, APP for the respondent No.1.

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CORAM : PUSHPA V. GANEDIWALA, J.

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 JANUARY 22, 2021.

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Heard Shri Deo, learned counsel for the
applicant and Shri Dubey, learned APP for respondent
No. 1 – State.

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2.The applicant is seeking relaxation of
condition imposed in order dated 12.11.2020 in
Criminal Application No. 304 of 2020, passed by the
Court of Judicial Magistrate First Class, Court No. 3,
Wani, under Section 457 of the Code of Criminal
Procedure. In the said order, the learned Magistrate
directed release of Tipper bearing No. MH-34-BG-
1930, subject to obtaining No Objection Certificate
from the Mines and Minerals Office, Yavatmal.

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2201apl836.20

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3.It is submitted that the fine amount
which has been imposed by the learned Regional
Transport Officer (RTO) has already been deposited.
As the matter has been referred by the learned RTO
to the District Mines Officer, Wani, the District Mines
Officer without giving sufficient opportunity of
hearing to the applicant, issued challan for an
amount of Rs.2,32,600/-. It is further submitted that
this order of learned District Mines Officer, Wani, is
stayed by the Division Bench of this Court vide order
dated 08.01.2021 in Writ Petition No. 159 of 2021.

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4.Considering the aforesaid facts and the
fact that the impugned Tipper is lying idle for around
four months, the condition with regard to No
Objection Certificate from Mines and Minerals Office,
Yavatmal, is relaxed.

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5. Criminal Application is disposed of

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accordingly.

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JUDGE

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*GS.

M/S. Shree Gajanan Construction Company Thr Its Partner Shri. Vilas Sontakke v. State of Maharashtra, Thr. Pso Ps Shirpur, Tah. Wani, Dist. Yavatmal and 3 Others

Case brief

What is this about?

What did the court decide?

M/S. Shree Gajanan Construction Company Thr Its Partner Shri. Vilas Sontakke v. State of Maharashtra, Thr. Pso Ps Shirpur, Tah. Wani, Dist. Yavatmal and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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