MAHESH S/O ANNARAO AJAGOND Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader, appearing for the respondent-State.

(2.) The petitioner is before this Court under the provisions of Section 438 of Cr.P.C., praying that he be enlarged on bail in the event of his arrest in Crime No.31/2016, registered by the respondent-Police for the offences punishable under Sections 379 of IPC and Section 21 (1) of MMDR Act , 1957.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner is neither the owner of the vehicle nor the possessor of the vehicle, which was seized by the respondent-Police while being engaged in illicit sand extraction in the Bhima River and that he is the friend of the owner, one Raviraj Korvi, who is arrayed as accused No.5 and that on the request of his acquaintance he taken a special power of attorney and he had appeared before the trial Court and filed a release application and on the basis of which he has been arrayed as an accused. He would pray that he hails from a respectable family and if the respondent- Police arrest him and send him to custody, his standing would will be lowered in the society and it would cause irreparable loss and that he is no way connected to the alleged crime registered for the offence punishable under Section 379 of IPC and Section 21(1) of MMDR Act. He would place on record the copy of the application preferred on behalf of the owner-Accused No.5 and he would contend that the same establishes beyond doubt that the 5th accused is the owner of the vehicle. Hence, he prays that he be enlarged on bail.