* 1 * ABA.655.2011 5.8.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. ANTICIPATORY BAIL APPLICATION NO. 655 OF 2011 Balasaheb Ganpatrao Desai .... Applicant V/S. The State of Maharashtra .... Respondent * * * * * Mr. A.S. Khandeparkar i/by. Khandeparkar & Associates, Advocate for the applicant. Mrs. A.A. Mane, APP for the State­respondent. CORAM :­ Smt. R.P. SondurBaldota, J. 5th August, 2011. P.C. :­ 1. Mr. Khandeparkar, states that he does not press the application for anticipatory bail on behalf of applicant no.1. Applicant no.2 is the transporter of the soil that was excavated without license, the license of applicant no.1 having expired much before the date of excavation. Since there was no participation by applicant no.2 in actual excavation of the soil and he was only a transporter, he was not expected to know that the extraction of soil was illegal. Hence, anticipatory bail can be granted to applicant no.2. In the event of his arrest in C.R. No. 21 of * 2 * ABA.655.2011 5.8.2011 2011 of Nesari Police Station, he be released on bail in the sum of Rs. 25,000/­ (Rs. Twenty Five Thousand only) with one solvent surety in the like amount. The applicant shall make himself available for interrogation by the Investigation Officer as and when required. He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any police officer. The applicant shall not leave India without the previous permission of the Court. [SMT. R.P. SONDURBALDOTA, J]