PANDA GARUD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Sec. 438 of the Criminal Procedure Code, 1973 in connection with Crime No.0344 of 2020 registered with the Shirur Police Station, Shirur, Tq. Shirur, District Pune against the applicant and other co-accused for the offence punishable under Sec. 379, 341, 413, 186 read with Sec. 34 of the Indian Penal Code, 1860 seeking pre-arrest bail.

(2.) According to prosecution on 31/5/2020 while performing Covid duty, accused no.1 was found driving a truck at 7.00 p.m. Despite informant's attempt, the driver of truck fled away in the direction of Shirur. The informant chased the truck and finally stopped it on Nagar-Pune highway. On inquiry with the driver regarding the sand contained in the truck, he stated that he is carrying sand to the house of the applicant. The informant and his colleagues started towards police station. The informant sat with the driver in the truck.

(3.) At that time, the applicant came in a car from opposite direction and stopped the driver from proceeding towards police station. When PSI Jagdale came in his car, applicant ran away from the spot on one motorcycle. The informant failed to see number of the motorcycle as they were far away from the spot. The informant, therefore, lodged complaint with the Shirur Police Station.