1 CA5338/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5338 OF 2011 Baliram s/o Baburao Lavhat Applicant V E R S U S The State of Maharashtra & Anr. Respondents Shri V.D. Sapkal, Advocate for the applicant Shri B.V. Wagh, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 16th December, 2011 PER COURT : 1. The applicant apprehends arrest in connection with CR No. I – 497 of 2011, registered with Pathardi Police Station, District Ahmednagar, 2. F.I.R. has been filed by the Circle Inspector alleging therein that the present applicant is exploiting / extracting stones from Gat No. 87. According to the complainant, this fact came to his knowledge when he visited said quarry where the work of extraction of stones was going on. 2 CA5338/2011 3. Heard learned Advocates of both sides. 4. It is not in dispute that land Gat No. 87 is owned by the present applicant. Even if the allegations mentioned in the complaint are accepted as it is, in the facts and circumstances of the case, prima facie, offence under Section 379 of the Indian Penal Code is not made out. It is possible to argue for the learned A.P.P. that the applicant can be prosecuted under Section 21 of the Mines and Minerals (Development & Regulation) Act, 1957. The punishment imposed upon the person who commits an offence under Section 21 of the Act is for a period of two years or with fine which may extend to Rs.25,000/- or with both. The offence under the aforesaid Act would undoubtedly non-cognizable but bailable. In the normal course, the application for anticipatory bail could have been rejected, however, looking to the fact that the police would like to proceed against the applicant under Section 379 of the Indian penal Code which is cognizable and non-bailable 3 CA5338/2011 offence, it would be convenient to grant anticipatory bail to the present applicant. Hence, following order is passed to dispose of the present application : O R D E R A. In the event of arrest of the present applicant in connection with CR No. I – 497 of 2011, registered with Pathardi Police Station, District Ahmednagar, he be released on bail in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. The applicant shall furnish P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand). B. The applicant shall report to the concerned police station firstly on 20th December, 2011 between 11.00 a.m. to 04.00 p.m. and thereafter as and when called for. ( R.Y. GANOO, J. ) SRM/16/12/11