ANIL VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is applicant's first application for anticipatory bail under Section 438 of Cr.P.C. The applicant is apprehending his arrest in connection with Crime No.146/2020 registered at Police Station Chand, Chhindwara (M.P.) for the offence punishable under Section 379/34 of IPC, Section 53-A of the M.P. Mines & Minerals Act, Section 3 & 4 of the Prevention of Damage to Public Property Act and Section 66/192 of the Motor Vehicles Act.

(2.) At the outset, Shri Piyush Jain, learned Panel Lawyer for the respondent/State has submitted that the order passed by this Court on 14.09.2020 could not be complied with despite having availed two opportunities for the same wherein this Court had directed the respondent/State to take instructions as to under which provision of law the recommendation has been made by the Mining Officer for releasing the vehicle in question along with the material (sand).

(3.) Learned senior counsel for the applicant has submitted that the vehicle itself has been recommended to be released along with the material itself to the owner of the vehicle, in such circumstances, the custodial interrogation of the present applicant is also not required. It is further submitted that there are no criminal antecedents of the applicant and otherwise also he was only acting at the behest of the owner of the vehicle against whom the Mining Officer vide order dated 08.03.2020 has recommended that the vehicle may be released to him along with the material involved.