RAJENDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Applicant Rajendra Patil is apprehending his arrest in connection with Crime No.19 of 2020, registered with Pimpalner Police Station, Dhule District Dhule, for the offences punishable under Section 353 , 379 , 186 of the Indian penal Code and Section 48 (8) (1) (2) of the Maharashtra Land Revenue Code, 1966.

(2.) Heard learned Advocate Mr. N. N. Desale for applicant and learned Additional Public Prosecutor Mr. S. P. Tiwari for respondent- State.

(3.) It has been vehemently submitted on behalf of the applicant that, the First Information Report has been lodged by Additional Tahsildar, Pimpalner stating that, when he was returning by his vehicle on 04-03-2020, he found a tractor with trolley on road. He inspected the same. He carried out the inspection and found that, it was filled with sand. He asked name of the driver and owner of the sand as well as tractor. The driver gave his name as Kapil Rajendra Borse and gave the gave name of the owner of the tractor as Rajendra Yashwant Borse R/o Bhongaon. The Additional Tahsildar then asked the tractor with trolley to be parked in Pimpalner Government godown premises and he started taking action for illegal excavation of sand and theft of the minerals. He had received threat call on his mobile stated to have been given by one Sandip Dattatraya Bhadane, and then he says that, when he was drawing panchanama, seven to eight persons came on motorcycle including the present applicant and threatened him. They asked that the tractor should be let free. Those persons raised chaos and by taking disadvantage of the same, said Kapil Borse took away the tractor with trolley filled with sand. Perusal of this First Information Report would sow that, the physical custody of the applicant is not required. No prima facie case was made against the applicant. The applicant is not the owner of the tractor. In fact, the applicant and his son has been falsely implicated. He deserves to be released on anticipatory bail.