RAMBHAI NATHABHAI LUNA (GADHVI) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule on behalf of the respondent -State.

(2.) This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No.A 11185003201182 of 2020 with Kalyanpur Police Station, District Devbhumi Dwarka, for the offences punishable under Section 379 of the Indian Penal Code, under Sections 4(1), 4(1A) of the Mines and Minerals (Development & Regulation) Act, 1957 as well as under Rule 21(1) and 22 of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.

(3.) Learned advocate for the applicant submits that the accused named in the FIR alongwith the present applicant and others have indulged into illegal mining of bauxite, however, the involvement of all other accused except accused No.1 is based upon a document i.e. stamp paper executed with the previous holder of the land though it is not mentioned that the said land was government land and the possession of the land in question was given to the signatories to those documents. He has submitted that the accused No.1 -Jetha Varshi Varu is the main accused who was responsible for mining activity and he was released by the trial court by granting anticipatory bail to him. He has also submitted that the chargesheet is filed and the proceedings initiated for recovery of the penalty for alleged breach of provisions of Mines and Minerals (Development and Regulation) Act, 1957, and the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017, has been quashed by this Court in SCA No. 8648 of 2020. Learned advocate for the applicant submitted that, considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.