Cri. Bail Application No. 358/ 2022

Ramdas Bhaskar Gavhane .. Applicant Accused.

Vs.

The State of Maharashtra through PI Igatpuri Police St. .. Respondent. (Cr. No. I 27/2022)

Order below Exh. 1

1. This application has been filed by the applicant/accused under section 438 of Cr.P.C. for releasing him on anticipatory bail in the event of his arrest in Crime. No.I 27/2022 registered at Igatpuri Police Station for the offences punishable under sections 379 of the Indian Penal Code along with interim relief. Accordingly, notice was issued to the Opponents.

2.According to the prosecution case, the report is lodged by one Jayant Ananda Sansare, Circle Officer, Ghoti on 09.03.2022 alleging therein that the truck bearing No. MH­­15­EF­1798 owned by the applicant, was found transporting the Sand/mineral illegally. The said truck was intercepted at Ghoti but the driver of the said truck fled away by leaving the truck on the spot itself. It was then brought to Tahsil Office, Igatpuri for completion of necessary formalities such as Panchnama etc. The applicant being the Owner, was informed about the alleged incident. He visited the concerned Office and requested not to take any action. On 08.03.2022, when the complainant and other officials arrived at the Office, they did not find the said truck. Despite search, the truck could not be found. The concerned then enquired with the applicant but he gave evasive answers suspecting his involvement in the theft of the Truck.

Accordingly, complaint was lodged with the police station.

Based on the statement of the complainant, the Igatpuri Police Station registered the offence against the applicant. He is apprehending his arrest at the hands of police.

3.The ld. Counsel appearing for the applicant has submitted that the applicant is having transport business and he is the owner of the said Truck bearing No. MH­15­EF­1798 which is alleged to be stolen. He further says that he has valid licence, permit etc for transportation etc despite Police has levelled false charges of theft against him. The learned counsel further says that the concerned Circle Officer, Ghoti had demanded bribe from him for transporting the sand. On refusal, he filed false complaint against the applicant.

The applicant is innocent and has not committed any offence. He is the Owner of the said truck. There is delay in lodging the complaint.

He is ready to cooperate with the investigation and ready to abide each and every conditions if any, imposed by this Court. Lastly, the ld. Counsel prayed for grant of anticipatory bail.

4.The investigating officer has filed his reply vide Exh.6 and strongly opposed the application on the ground that the stolen truck is yet to be seized. The offence is serious in nature and the applicant was found transporting the minerals/sand despite ban by the Government. His custodial interrogation is required to find out the location from where the sand/ minerals were loaded and also to collect the information regarding involvement of other persons. Hence, lastly prayed for rejection of the application.

The ld. APP Smt. Reshma Jadhav has argued in the line of submissions made by the investigating officer. She filed her reply vide Exh.8 and strongly opposed the application stressing for the custody of the applicant and prayed for rejection of the application.

5.After going through the contents of the FIR, prima facie it appears that the truck No. MH­15­EF­1798 owned by the applicant was found transporting the sand/minerals illegally. When the truck was in the custody of the Circle Officer, Ghoti for Panchnama etc, it was removed from his custody without his knowledge. The offence is certainly serious and custodial interrogation is necessary to find out as to who removed the vehicle and also to find out credible information regarding illegal transportation of minerals. Considering the nature of the offence and that custodial interrogation is necessary, I am not inclined to grant the application.

ORDER

Application stands rejected.

Digitally signed NAIR by NAIR SANDHYA SANDHYA SUNIL SUNIL Date: 2022.03.24 15:50:51 -0600 ( Smt. S.S. Nair ) Date : 24.03.2022. Addl. Sessions Judge ­4, Nashik.