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2026 DAILYLAW 8957 (BOM)

PRANAY PRAKASHRAO WANKHEDE v. STATE OF MAHARASHTRA THR PSO., PS RAMNAGAR, CHANDRAPUR DIST. CHANDRAPUR

ABA/810/2026 · 2026-09-17

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 19-Cr.ABA-810-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [A.B.A.] NO. 810 OF 2026 Pranay Prakashrao Wankhede -- VERSUS -- State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. S.A. Mohta, Advocate for the Applicant. Mr. U.R. Phasate, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 17, 2026. Heard. 2. Apprehending arrest, the applicant has approached this Court in connection with Crime No.988/2026 for the offences punishable under Sections 303(2), 318(4), 336(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 48(7) and 48(8) of the Maharashtra Land Revenue Code,1966, Sections 4 and 4-A of the Mines and Minerals (Development and Regulation) Act, 1957, and Sections 5 and 15 of the Environment (Protection) Act, 1986, registered with Police Station Ramnagar, District Chandrapur. 3. The prosecution case, as reflected in the First Information Report (F.I.R.), is that on 07.08.2026, the informant, while on night patrolling duty, received information Piyush Mahajan 2026:BHC-NAG:12388 2 19-Cr.ABA-810-2026 regarding the illegal transportation of sand in two vehicles bearing the same registration number, i.e., MH-34-BZ-8114. Pursuant to the said information, naka checking was conducted, during which two separate vehicles, namely, a Tata 4830 T.K. 16-wheeler and a Tata Tipper 3532 T.K. 12-wheeler, were intercepted. Both vehicles were found bearing the same registration number and were allegedly being operated on the basis of the same eTP No. 33198347. The drivers of the said vehicles were identified as accused Nos.1 and 2, respectively, whereas accused No.3 was stated to be the owner of the vehicles. Sand was found loaded in both vehicles. The documents produced by the respective drivers were allegedly not consistent with the particulars of the vehicles and the drivers. Accordingly, both vehicles, along with the sand, were seized under a duly drawn panchnama. On the basis of the aforesaid allegations, the F.I.R. came to be registered. 4. The learned counsel for the applicant submits that the driver of the applicant misused the truck for transporting sand. He further submits that, without the knowledge or consent of the applicant, the driver changed the registration number plate of the truck and affixed another number plate, which belonged to another truck. Thus, two trucks were being used for the illegal transportation of sand while bearing the same registration number. He further submits that the applicant is the registered owner of one of the said trucks and that the driver Piyush Mahajan 3 19-Cr.ABA-810-2026 has not named the present applicant in connection with the alleged offence. On the contrary, the driver has named the main accused, stating that he had used the truck at the instance of the said accused for the illegal transportation of sand. Under such circumstances, considering the role attributed to the applicant, the learned counsel submits that the applicant deserves to be granted anticipatory bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that the investigation is still in progress. He further submits that, as disclosed by the driver, the applicant had instructed him to proceed to the sand spot and assured him that he would manage everything. He submits that, pursuant to the instructions of the other co-accused, the driver changed the registration number plate of the truck, though the applicant was also involved in the said transaction. Under such circumstances, the learned A.P.P. submits that the material collected during the investigation indicates a conspiracy amongst the accused persons to commit theft of sand by using two trucks bearing the same registration number. He further submits that custodial interrogation of the applicant is necessary for the purpose of a proper investigation. Hence, he prays for rejection of the application. 6. I have considered the submissions advanced by both sides. The First Information Report came to be registered on Piyush Mahajan 4 19-Cr.ABA-810-2026 07/08/2026. The allegation against the applicant is that he is the owner of one of the trucks used for the alleged illegal transportation of sand. It further appears that two trucks were being operated by using the same registration number. The learned counsel for the applicant submits that the driver had misused the truck and changed the registration number plate without the knowledge or consent of the applicant. Though the said submission is difficult to accept at this stage, the fact remains that, as of now, there is no material on record to indicate that the applicant had instructed the driver to change the registration number plate or that he was otherwise involved in the alleged illegal transportation of sand. Under such circumstances, I am of the considered opinion that the applicant has made out a case for grant of anticipatory bail. Hence, the following order: O R D E R (i) The Criminal Application is allowed and disposed of; (ii) In the event of arrest of applicant (Pranay Prakashrao Wankhede) in connection with Crime No.988/2026 for the offences punishable under Sections 303(2), 318(4), 336(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 48(7) and 48(8) of the Maharashtra Land Revenue Code,1966, Sections 4 and 4-A of the Mines and Minerals Piyush Mahajan 5 19-Cr.ABA-810-2026 (Development and Regulation) Act, 1957, and Sections 5 and 15 of the Environment (Protection) Act, 1986, registered with Police Station Ramnagar, District Chandrapur, be released on bail on furnishing a P.R. bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount; (iii) Pending Misc. Application(s), if any, also stand disposed of; [ (M.M. NERLIKAR, J.) Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 17/09/2026 17:40:06