AKASH ICCHARAM SAPKALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the applicant and the learned APP appearing for the respondent-State.

(2.) Crime No.97/2018 is registered against the present applicant for the offences punishable under Section 379 read with 34 of the Indian Penal Code and under Section 21 of the Mines and Minerals Act as well as under Section 5 / 180 of the Motor Vehicle Act. He is also alleged to have committed offences under Section 48(7)(8) of the Land Revenue Code.

(3.) In short it is the allegation against the present applicant that he was accompanying another accused who had illegally excavated sand and was transporting the same through truck. The alleged incident is stated to have happened on 26.09.2018. The present applicant is arrested on 28.09.2018 and since then he is behind bars. The learned counsel for the applicant submits that there are no criminal antecedents to the applicant. It is further contended that no police custody of the present applicant was ever demanded by the police which makes it clear that his presence is not required for the purposes of investigation. The learned counsel submits that till date no incriminating material has been collected against the applicant and as such has prayed for his release on bail.