CNR No. MHNS010040592022
Order below Exh.1 in Cri. Bail Application No.956/2022.
( Kalvindar Singh Harjeet Singh Ddiyal Vs. State )
The present application is moved by the applicant­
accused Kalvindar Singh Harjeet Singh Ddiyal under section 438 of
Cr.P.C. in connection with CR No. 123/2022 registered with Wavi
Police Station, Tal. Sinnar, Dist. Nashik for the offence U/s. 379,
420, 465, 467, 468, 471 r/w sec.34 of the Indian Penal Code and
under section 48(7) of the Maharashtra Land Revenue Code, 1966
on 1.6.2022.
2.

It is alleged in the FIR that, the police have seized
dumper bearing No.MH­15­EG­9030 containing a sand and owner
of it disclosed one Anil Shirsath. The permit is in the name of
Manisha Jadhav, which is overwriting in column No.6 and the
vehicle was containing 30 ton 920 KG sand and therefore, there is
illegal mining and transportation of the sand.
The applicant­accused has submitted that he has not
committed any offence and he has been falsely implicated in this
crime, no role to play in the alleged crime. He is permanent resident
of Kopargaon, Dist. Ahmednagar. He is only purchaser and has no
connection with alleged sand and with forged licenses is concerned.
He is ready to abide all conditions laid down by this Court. The
offence is lodged on suspicion and therefore, applicant­accused has
apprehension of arrest in connection of the said crime. There are no
criminal antecedents of the applicant­accused, these and other
ground set out in the application, prayed to allow the anticipatory
bail application.
3.

Application is opposed by the State vide Exh.4 and 5.

..2..

I.O. is present and filed the police papers of investigation done so
far.
4.

Heard both the parties.

5.

The learned counsel for applicant­accused Shri.

P.R.

Kalantri submitted that, applicant­accused has not committed
cheating nor used the forged permit as a genuine. Applicant­accused
has not played any role in the crime. One of the accused in the
crime is enlarged on regular bail by this Court and hence prayed
that anticipatory bail may be granted to the applicant­accused.
6.

Perused entire record. On perusal of the entire record, it
appears that, the police have seized a Dumper bearing No. MH­15­
EG­9030 containing sand. The owner of the Dumper was disclosed
as Anil Gorakh Shirsath. On perusal of the permit it is not
containing the name of applicant­accused and therefore, has no
concerned with the overwriting in the permit No.373 in column
No.6. The said vehicle was containing 30 Ton 920 KG sand. As it is
the case of illegal mining and transportation of sand and therefore,
the police have registered the case, seized vehicle alongwith sand. It
is stated at bar by the Investigating Officer that there is no need
custodial interrogation of the applicant­accused. His attendance may
be granted.

Therefore, the applicant­accused is entitled for
protection of anticipatory bail. Hence, following order is passed
ORDER
1)
Anticipatory
allowed.

bail
application
No.956/2022
is
hereby
2)
Applicant­accused Kalvindar Singh Harjeet Singh Ddiyal be
enlarged on bail on executing personal bond of Rs.25,000/­
with one or two sureties in like amount, in the event of his
Cri. Bail Application No.956/2022.
..3..

arrest in connection with CR No. 123/2022 registered with
Wavi Police Station, Tal. Sinnar, Dist. Nashik for the offence
U/s. 379, 420, 465, 467, 468, 471 r/w sec.34 of the Indian
Penal Code and under section 48(7) of the Maharashtra
Land Revenue Code, 1966.
3)
He shall report to the Investigating Officer on every week
on Wednesday in between 11.00 a.m. to 2.00 p.m. till filing
of charge­sheet and as and when called by the Investigating
Officer and will produce the necessary document required
in connection with the present crime and shall co­operate
with the Investigating Agency.

4)
He
shall
not
evidence/witnesses.

5)
Inform Wavi Police station, Dist. Nashik.

tamper
SHINDE
MADHAV
A
Date­ 24.08.2022
with
the
prosecution
Digitally signed by
SHINDE MADHAV
A
Date: 2022.08.25
13:55:26 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.