SHIVAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the applicants areapprehending their arrest in connection with CR No.84/2020 dated 21.4.2020 registered with Gramin Police Station, Parbhani,forthe offences punishable under Sections 379, 269, 188 r/w 34 of IPC and Section 3 of Epidemic Deceased Act, 1897 and Section 51(B) of Disaster Management Act.

(2.) Heard Advocate Shri RJ Nirmal for applicantsand learnedAPP Mrs. RP Gourfor Respondent-State.

(3.) It has been vehemently submitted on behalf of the applicants that, perusal of the FIR would show that Circle Officer-cum-informant had goneto the spot after secret informationwas received and they found that illegal excavation of sand was going on.They had apprehended Tipper bearing No.MH-04-DS 7635 with three brass of sand. They also got the information that one Amol Buchale is owner of the said Tipper from driver - Dayanand Bhise. Thereafter, it is to be stated that some of the vehicles, which had fled from the spot, they could trace out two vehicles in the village and it is stated that the 3rd vehicle had fled away in darkness. The informant got the information about the names of the present applicants from Sarpanch and the panchas. It is how the present applicants have been arrayed as an accused. The said story is concocted and unbelievable which has no basis under the EvidenceAct. The names of thepresent applicants have been implicated due to political rivalry. Further, the co-accused Parmeshwar Chopde has been released by this court on anticipatory bailon 29.6.2020. The learned Advocate for applicants has, therefore, prayed for anticipatory bail for the applicants.