Tarlochan Singh vs State Of M.P

Vivek Rusia, J

This is first application under section 438 Cr.P.C seeking anticipatory bail in connection with Crime No.513/2020 registered at Police Station-

Sardarpur, District- Dhar for the offence punishable under section 379 and 414 of the IPC and Sections 4/21 of the Mines and Minerals (Development

& Regulation) Act and Rule 18(1) of the M.P. Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2006.

As per the prosecution story, on 25.01.2020 police apprehended vehicle bearing registration No.MP-09-HH-2340 and found 30 cubic meter sand. The

driver has produced the permit which was issued for only 15 ton hence, case under Mines and Minerals (Development & Regulation) Act has been

registered against the owner of the truck. The competent authorities imposes the fine of Rs.1,00,000/- which has been deposited by the owner on

27.01.2020. Now, after lapse of 10 months FIR has been registered under Section 379 and 414 of the IPC and Section 4 and 21 of the Mines and

Minerals (Development & Regulation) Act.

Learned counsel for the applicant submits that the applicant is aged about 70 years and not keeping good health. He is first offender. He has already

been deposited the fine. He is ready to cooperate with the investigation. Under these circumstances, he prays for grant of bail.

Learned panel lawyer for the respondent/State opposes the bail application.

Looking to the fact and circumstances, without commenting on the merit of the case, the application is allowed. It is directed that in the event of arrest

of the applicant in connection with the aforesaid crime number, he shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by the following

conditions:

(a) the applicant shall co-operate with the investigation and make himself available for interrogation by a police officer as and when required;

(b) 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

from disclosing such facts to the Court or to any police officer;

(c) If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail

shall be liable to be cancelled; and

(d) he shall not leave the territory of India without the prior permission of the Court.

Certified copy as per rules.