(Exh.1) ::1:: Criminal Bail Application No.1114/2022 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK ANTICIPATORY BAIL APPLICATION NO.1114 OF 2022

Vishwanath Sukhdeo Shinde, ]
Age-45 yrs. Occu – Business, ]
R/o.Post Vaghapur, Sangamner, ]
Dist.Ahmednagar. ] .. Applicant / accused

V/s.

The State of Maharashtra ] Through– P.I. MIDC Sinnar Police Station ] ..Respondent/prosecution
Advocate Shri.S.S.Mantri for the applicant/accused.

APP Shri.Kadave for the State.

ORDER BELOW EXH.1

1.This bail application is filed u/s. 438 of Cr.P.C. for offence under Sections u/s.379, 420, 465, 467, 468, 471 r/w. 34 of the Indian Penal Code and Section 48(7) of MLRC in C.R.No.157/2022 registered with MIDC Sinnar Police Station.

2.Facts of the prosecution case is that informant Vinod Govind Tile P.C. lodged complaint that he is attached to D.B. branch. On 31.5.2022 he alongwith his staff members doing patrolling within jurisdiction of Sinnar MIDC. When he reached Panchale-Sinnar road, he found that Ashok Leland
Truck No.MH-15-FV-5385 with sand. After showing identity while inspection of document, driver told them as Ganesh Shivaji Nawale and name of the owner Yogesh Sanjay Kolpe. He brought sand from Gadawari river bed. He has shown the licence for excavation of sand. Said licence is in the name of
Sai Kiran Transport and Trading Company, Prop. Vishwanath Sukhdeo Shinde (applicant). They found on receipt no.13 sr.no.632 with barcode number 0000017909288. They also found other receipts. The said receipt without ETP number and therefore it is illegal. Accordingly, the muddemal seized which was approximately worth of Rs.55,390/-. Accordingly, they found that the truck was carrying stolen sand without paying royalty to the collector office by preparing forged receipt and accordingly complaint under Section-379, 420, 465, 467, 468, 471 r/w. 34 of the Indian Penal Code and Section 48(7) of MLRC is registered.

3.Facts of the applicant case is that, he is falsely implicated in this case. Present applicant is arrayed as an accused simply because receipts found, though forged, were in the name of Sai Kiran Transport. Other two accused already released on bail vide order 17.8.2022 and 4.6.2022. He is suffering from diabetic and kidney failure and taking treatment since last six years. He ready to abiding the conditions.

4.I have heard Ld. Adv.Shri.Mantri. He pithily submitted that he is owner of Sai Kiran Transport. He has no nexus with the forged receipt. Truck is already seized. Sand is already seized. He has all licences of sand business.

Heard Ld. APP Shri.Kadave, who strongly objected to released on bail.

5.Heard both side at length. I have perused the order issued by Collector dtd. 14.4.2022 in the name of applicant as a Prop. of M/s. Sai Kiran Transport. The order pertaining to the sand in a Godavari river bed situated at Mouje Kumbhare Tal. Kopargaon. He has also filed royalty receipt with receipt no.13 sr.no.632. He has denied that the forged receipt has nexus with the applicant. I have gone through all the documents. Prima-facie except name of the applicant prop. Firm M/s. Sai Kiran Transport no role prescribed in actual commission of offence. Considering the medical issue of the applicant and no criminal antecedents. In such circumstance, stringent condition can be laid down. No purpose will suffice by keeping the accused behind bar as nothing remain to recover from the possession of applicant.

Hence, order –

ORDER
1. Anticipatory Bail Application below Exh.1 is allowed.

2.Applicant/accused Vishwanath Sukhdeo Shinde shall be released on bail, in the event of his arrest by MIDC Sinnar Police Station in C.R.No.157/2022 registered with MIDC Sinnar Police Station for an offence punishable under Sections- u/s.379, 420, 465, 467, 468, 471 r/w. 34 of the Indian Penal Code and Section 48(7) of MLRC on furnishing P. R. Bond of Rs.25,000/- (Rs.Twenty Five Thousand Only) with one or two solvent surety of like amount on the following conditions :

(a) He shall attend MIDC Sinnar Police Station on every Monday in between 11.00 a.m. to 2.00 p.m. till filing of charge-sheet.

(b) He shall not pressurize the informant prosecution witnesses and their family members and not come in contact in any way with them and also tamer them.

(c) Applicant/accused shall submit his contact number and proof in respect of permanent and temporary residence to this Court.

(d) If he breach any of the abovesaid conditions it would be a cause to cancel the bail.

3.Concerned Police station be informed accordingly.

4.The prayer for release on provisional cash bail in like amount is allowed with eight weeks time to furnish the surety.

5.Criminal Anticipatory Bail Application stands disposed of accordingly.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.09.28 17:56:39 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 28.09.2022 Nashik.