Pandurang Vilas Patil v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2635 OF 2021 Pandurang Vilas Patil ... Applicant Vs The State of Maharashtra ... Respondent Mr. Aniket Nikam i/b. Mr. Vivek Arote for the applicant Mr. A. A. Palkar, APP for the respondent-State. CORAM : NITIN W. SAMBRE, J.

DATED :

19th September, 2022 P.C.:

1.

Heard.

2.

The applicant is seeking pre-arrest bail in crime no. 496 of 2021 registered with Karveer police station for the offence punishable under section 328 of IPC and section 65 of Bombay Prohibition Act, 1998.

3.

The allegation is, the applicant is involved in illicit business of liquor.

4.

It appears that there are no criminal antecedents against the applicant.

5.

The offence under Bombay Prohibition Act is bailable. 6.

There is serious doubt as to whether the provision of section 328 of IPC will be attracted in the commission of the offence, akn 1/2

2/2 22.ABA.2635.2021.doc particularly when there is no adverse material against the applicant/accused.

7.

In the aforesaid background, ad-interim protection order stands confirmed.

8.

In the event of arrest of applicant in crime no. 496 of 2021 registered with Karveer police station for the offence punishable under section 328 of IPC and section 65 of Bombay Prohibition Act, 1998, the applicant be released on bail on furnishing P.R. bond in the sum of Rs.15,000/- with one or more sureties in the like amount.

9.

The applicant shall attend the Investigating OfÏcer from 26/09/2022 to 29/09/2022 between 10.00 a.m. to 12.00 noon and thereafter as and when directed.

10.

The applicant shall neither tamper with evidence nor influence the witnesses in any way.

11.

The application stands disposed of.

ANANT KRISHNA NAIK by ANANT KRISHNA NAIK Date: 2022.09.21 12:01:20 +0530 (NITIN W. SAMBRE, J.) akn 2/2