1 Cri.B.A.No.448/22­Ex.1 Cri. Bail Application No. 448/ 2022

Ramdas Bhaskar Gavhane .. Applicant Accused.

Vs.

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

Order below Exh. 1

1.This subsequent 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.

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 by the officials of Tehsil Office on 05.03.2022 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 about the same but he gave evasive answers. The officials suspected his involvement in the theft of the Truck. Accordingly, complaint was lodged with the police station and the applicant is apprehending his arrest at the hands of Police. Based on the statement of the complainant, the Igatpuri Police Station registered the offence against the applicant.

3.The ld. Counsel appearing for the applicant has submitted that the investigation is almost completed and there is change in circumstances which entitled the applicant to file subsequent application. He further says the applicant is the owner of the said Truck and so there is no question of committing theft of his own vehicle. He has valid licence, permit etc for transportation of the business etc despite Police have levelled false charges of theft against him. The learned counsel further says that as per complaint the officials have intercepted and initiated process around 05.00 pm. The said truck was still noticed at Ghoti Toll Plaza around 06.28 pm. The photos to that effect is filed on record. Further, there is no need of custodial interrogation of the applicant.

The truck was stolen by unknown person but false case has been filed against the applicant. The applicant is innocent and has not committed any offence. 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.7 and strongly opposed the application on the ground that 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 involvement of other persons. The applicant himself, by using duplicate key has dishonestly removed
the Truck from Tehsil Office. The investigation is still in progress and hence 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 on the ground that applicant is deliberately avoiding his arrest. His previous anticipatory bail was already rejected by this Court and no new grounds are shown for filing this subsequent application. There is no change in the circumstances and as such this subsequent applicant is not maintainable and prayed for rejection of the application.

5.After going through the contents of the FIR and Case diary, prima facie it appears that the truck No. MH­15­EF­1798, owned by the applicant was found transporting illegally. When the sand/minerals truck was in the custody of the Circle Officer, Ghoti for Panchnama etc, it was removed from his custody without his knowledge and later seized from the village where mother of the accused stays. This prima facie link the accused with the crime. The offence is certainly serious and custodial interrogation is necessary to find out from where the applicant was transporting the minerals and who else are involved. Further, the defence counsel has not pointed out any change in the circumstances to entertain his application.

Considering the nature of the offence and that custodial interrogation is necessary, I am not inclined to grant the application.

ORDER
Application stands rejected.

NAIR SANDHYA SUNIL Date : 13.04.2022. Digitally signed by NAIR SANDHYA SUNIL Date: 2022.04.13 13:49:35 -0600 ( Smt. S.S. Nair ) Addl. Sessions Judge ­4, Nashik.