1 aba438.11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No. 438/2011 Ramesh Ankalu Chukkuwar ..vs.. State of Maharashtra, thr. PSO PS Aheri, Dist. Gadchiroli Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S. V. Sirpurkar, Advocate for applicant. Mr. S. S. Doifode, A.P.P. for non applicant-State CORAM : M.N. GILANI, J. DATED : DECEMBER 21, 2011. 1. Heard both sides. 2. This is a case of theft of sand worth Rs. 600/-. A driver of the tractor has been apprehended while transporting the sand without paying any royalty. The applicant is owner of the tractor. It is his case that he was not present in the house. This is apart from the fact that there is a practice of imposing penalty three times or more for avoiding royalty. Number of such orders passed by Tahsildar, Aheri have been placed on record by the applicant. 3. Considering the nature of the offence, the application is allowed. 4. In the event of arrest of applicant-Ramesh Ankalu Chukkuwar in Crime No. 54/2011 registered with Police Station, Aheri, Dist. Gadchiroli for an offence punishable under Sections 379 r/w 34 of the Indian Penal 2 aba438.11.odt Code, he is directed to be released on his executing PR Bond in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand Only) with one surety in the like amount. The applicant is directed to attend Police Station, Aheri as and when directed by the Investigating Officer. JUDGE kahale