1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4023 OF 2009 Babasaheb S/o.Sahebrao Dhandge, and another APPLICANTS VERSUS The State of Maharashtra and another RESPONDENTS Mr.P.R.Shelke, h/f. Mr.S.J.Salunke, learned counsel for applicants. Mrs.Y.M.Kshirsagar, learned APP for respondents. (CORAM : A.V.POTDAR, J.) DATE : 05/12/2009 PER COURT : 1. By the present application, the applicants have applied for anticipatory bail in case of their arrest in connection with CR No.76/2009 registered in Bhokardan Police Station for the offence punishable u/s.379 r/w. 34 of IPC. 2. Heard advocate for applicant followed by the submissions of learned APP appearing for State. Also perused the papers of investigation till carried out as well as the copies of documents annexed alongwith the application. 2 3. The offence came to be registered on the complaint of Village Talathi of Bhokardan about the incident dated 18/05/2009 where on receipt of certain information, during the visit to the river bed of river Purna at village Nalni, certain trucks were found loaded with sand. When the inquiry was made out with the truck drivers, it is learnt that these trucks belongs to certain owners. Now these drivers of the truck have approached this Court for their release on anticipatory bail as they were transporting the sand in the trucks under the authorized permit and for which they have produced the permit to carry out the sand alongwith this application. 4. The application is opposed by learned APP appearing for State on the ground that the permit which is allotted to these transporters and the person who has taken auction of lifting of sand is from Girija River and not from Purna river. 5. Perused the passes for transport of sand excavated carefully. Also perused the letters of auction and the sanction to that effect by the Collector Jalna in favour of one Narsingrao Bhimanna Swami, who claimed to be the owner of this sand. He has taken the auction about lifting of sand from river Girja, near Deulgaon Tad, which found particulars about the 3 transport passes alongwith the application. As against this, the land lifted under the complaint is from river Purna and at village Nalni which has nothing to do with the documents annexed with this application. No case made out to exercise the discretion u/s. 438 of The Cr.P.C. Application sans any merit, hence liable to be rejected. Accordingly this application stands rejected. (A.V.POTDAR, J.) khs/DEC 2009/cri.appl.4023-09