1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2717 OF 2010 M.Appireddy S/o.Venkatramireddy, Age-65 years, Occu-Agriculturist and Business, R/o.House No.1-4-863/s, Rakasi Peth, Bodhan, Tq.Bhodan, Dist. Nizamabad (A.P.) APPLICANT VERSUS 1. The State of Maharashtra Through Superintendent of Police Nanded. 2. P.S.I.Police Station, Kundalwadi, Tq.Biloli, Dist. Nanded RESPONDENT Mr.P.B.Patil, learned counsel for applicant. Mr.S.G.Nandedkar, learned APP for respondents. CORAM : A.V.POTDAR, J. DATE : 30/07/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.22/2010, registered in Kundalwadi Police Station, Dist. Nanded. 2 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 3. Present applicant has claimed that he is auction holder to excavate the sand from the riverbed of Manjara river under certain conditions. The FIR discloses that in the evening of 23/06/2010, the Village Kamgar Talathi, Tal.Biloli, Dist.Nanded, conducted a raid in the river bed of river Manjara, where certain excavation operation was noticed. During the sudden raid, 41 tippers, 4 JCB machines, and trucks were seized by the Revenue Officers, including the complainant. The vehicles were seized on the spot which were found in doing excavation after sunset, in violation of the conditions on which the auction was accepted by the present applicant and it is one of the condition that there shall not be any excavation after sunset and machinery can not be used for excavation of sand. Those seized vehicles were stolen by some persons, who were arrested and it is revealed that those vehicles were stolen at the instructions of the present applicant. It is vehemently urged across the bar on behalf of applicant that offence is only registered u/s. 379 of IPC and section 34 is not included in the said FIR. This section can be 3 included even at the later stage during the investigation, if the sand excavation is going on in violation of the terms and those vehicles were stolen from the custody of the Revenue Officers at the instance of this applicant. Then considering the hue and cry of the public at large about the smuggling of sand in violation of the conditions, these are not the fit cases where the Court to exercise the discretion in favour of these sand smugglers. No case is made out to release the applicant on bail. Application is sans any merit, hence rejected. (A.V.POTDAR, J.) khs/JULY 2010/cri-appl-2717-10