Prakash Motiram Mishra v. The State Of Maharashtra

1/2 aba.1518-2016 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1518 OF 2016 Prakash Motiram Mishra ..Applicant.

Vs.

The State of Maharashtra & Anr.

..Respondents.

WITH ANTICIPATORY BAIL APPLICATION NO.1519 OF 2016 Prakash Motiram Mishra ..Applicant.

Vs.

The State of Maharashtra & Anr.

..Respondents.

----- Mr. Murtaza Nazmi i/b Sujit Pathak for Applicant in both Applications. Mr. A. Patil, APP for State.

----- CORAM: A.S. GADKARI, J.

DATE : 29th March 2017.

P.C.

1] The applicant is granted interim relief by an Order dated 30th August 2016. It is the case of the prosecution that the applicant is the owner of the premises where the co-accused Gaviranga Gowda and Devraj Gowda were conducting hotel namely Night Meetings Orchestra within the

2/2 aba.1518-2016 jurisdiction of Kashimira Police Station, Mira Road (East), District-Thane. On 16.5.2016, the police conducted raid on the said hotel wherein it was found that the conductor of the said hotel namely Gaviranga Gowda along with other accused persons were indulging into the alleged offence as mentioned in the first information report.

2] I have perused the record. The applicant is the owner of the premises where the said hotel was being conducted by co-accused Gaviranga Gowda. The applicant has given the premises to Gaviranga Gowda and Devraj Gowda on leave and licence basis and prima facie it appears that the applicant has no direct nexus in the commission of alleged offence.

3] In view thereof, the interim relief granted on 30th August 2016 is hereby confirmed. However, the applicant shall attend the Investigating Officer as and when called for till filing of chargesheet. 4] Both Applications are allowed in the aforesaid terms. (A.S. GADKARI,J.)