1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 146 OF 2010 Vinod Mukund Pawar .. Applicant V/s The State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Kishor Patil for the applicant. Ms. M.H. Mhatre, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 25TH FEBRUARY 2010 P.C. : 1. Heard. 2. By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 88 of 2009 registered at Kurundwad Police Station, District Kolhapur, for an alleged offence punishable under section 379 read with 34 of the I.P.C. 2 3. On 9th October 2009, a first information report was lodged by Pramod Mahadev Gaikwad, Circle Officer, Shirdhon alleging therein that the applicant has committed a theft of murum, a miner mineral. According to the complaint, no permission was obtained by the applicant for excavation of any mineral from the land bearing gat no. 2126. However, without any excavation permit murum was excavated from the said land and was being transported in five motor vehicles including dumpers. 4. The applicant has filed on record a copy of the lease granted by the District Mineral Officer in favour of Mhasweshwar Khan Kamgar Mazdoor Sahakari Sanstha Ltd. (for short “the Sanstha”) granting it permission to excavate the miner mineral from the land bearing gat no. 2126. Learned A.P.P. does not dispute the genuineness of the said lease deed. The 3 applicant has also filed on record an affidavit dated 8th January 2010 sworn in by Mr. Babasaheb Maruti Pawar, Chairman of Sanstha, stating that the applicant was working as a Supervisor for the excavation work to be carried out in gat no. 2126 and the excavation was carried out under his supervision. Thus, prima facie, the applicant was not doing any illegal excavation but was doing the same in his capacity as a supervisor of a lessee to whom the lease for excavation has been granted by the government itself. In these circumstances, in my view, the applicant is entitled to a pre-arrest bail. Hence, I pass the following order:- ORDER In the event the applicant is arrested in connection with C.R. No. 88 of 2009 registered at Kurundwad Police Station, District Kolhapur, he shall be released on a P.R. bond of Rs.5,000/- with one surety of the like amount subject to a condition that the applicant shall cooperate 4 with the investigation and shall attend the concerned police station as and when summoned by the police. (D.G. KARNIK, J.)