CRI BA 8671/2022

CNR MHPU­01­025784­2022
CR No. 168/2021
Khadki PS, Pune

Anna Laxman Gaikwad ..vs.. State

ORDER BELOW EXH.1

1] Apprehending the arrest in CR No. 168/2021 of Khadki

police station for the offence punishable under Section 379 of Indian
Penal Code, the applicant Anna Laxman Gaikwad is seeking interim
anticipatory bail.

2] As per the case of prosecution when one Anthros Pawar

was arrested in Crime No. 182/2022 registered u/s. 399, 402 of IPC
and 4(25) of Arms Act, he disclosed that he and his companions stole
sandal wood trees from different places. This memorandum
statement of Anthros was recorded on 12/07/2022. On the basis of
that statement from Anthros various places from which the sandal
wood trees were cut came to be discovered. This Anthros Pawar
further disclosed that he and his companions sold that stolen sandal
wood to the present applicant. This is how seven different crimes
bearing No. 92/2022, 175/2021, 367/2021, 168/2021 at Khadki
police station, 12/2022 at Bharti Vidyapeth Polcie station, 122/2022
and 54/2021 at Chatushrungi police station came to be registered
against Anthros Pawar and his companions as well as against the
present applicant. The present applicant is already enlarged on bail
in crime no. 92/2022 of Khadki police station, 12/022 of Bharti
Vidyapeth Police station, 122/2022 and 54/2021 of Chatushrungi
CR BA 8671/2022 2 CNR NO : MHPU01­025784­2022

police station. Now the police wants the custody of present applicant
in crime No. 175/2021, 367/2021, 168/2021. The present
application is regarding crime No. 168/2021.

3] Heard the applicant, Ld., APP and perused the case

diary. At the outset I may point out here that the present applicant is
already enlarged on bail by this Court in 92/2022 of Khadki police
station, 12/2022 of Bharti Vidyapeeth Police station and 122/2022
and 54/2021 of Chatushrungi police station. It is also an admitted
position on record that during interrogation with applicant in
92/2022 the sandal wood worth of Rs. 1,52,000/­ came to be seized
in these seven different crimes including the present crime. However,
the fact remains that during investigation though police went to
Madhya Pradesh where as per the statement of present applicant he
sold that sandal wood to a person at Gawadi, Tal Niwali, District
Barwani­ Madhya Pradesh, that place was found locked and on
inquiry the owner of that place Mohammad Chacha had gone to
Kerla. Thus, there is no complete investigation even in those four
crimes in which the present applicant is already enlarged on bail.

4] Now the police wants custody of the applicant in this

crimes No. 175/2021, 367/2021 and 168/2021 of Khadki police
station in which they did not arrest the accused as he was already
enlarged on bail. In my view for better and fair investigation
regarding the recovery of the sandal wood allegedly sold by the
applicant to said Mohammad Chacha, the custodial interrogation of
the applicant is necessary. The applicant is having criminal
antecedents of similar kind of offences. For all these reasons, I hold
that application carries no merit. Hence, the following order :
CR BA 8671/2022 3 CNR NO : MHPU01­025784­2022

ORDER

Application is rejected.
Digitally signed
by
SACHIDANAND
SACHIDANAND BAPURAO
BAPURAO HEDAOO
Pune. HEDAOO
Date:
2023.01.16
12:38:38 +0530
Date :­ 12th January 2023 (S.B. Hedaoo),
Additional Sessions Judge, Pune.

CERTIFICATE

I affirm that the contents of the PDF file Judgment are

same word for word as per original Judgment.

Name of Steno A. S. Shivapurkar

Stenographer Grade I
Name of Court Shri. S.B. Hedaoo,
District Judge 5 and ASJ, Pune.
Date of Order 12.01.2023
Order signed by PO 13.01.2023
on
Order uploaded on 16.01.2023