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Bombay High CourtABA/3071/2021disposed off

Dhananjay Vishnu Lokhande v. The State Of Maharashtra

2023-01-16Hon'Ble Shri Justice N. R. Borkar2 pages

30-aba-3071-21.doc Digitally signed by DINESH SADANAND SHERLA Date:

2023.03.15 14:07:18 +0500

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

DINESH SADANAND SHERLA CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3071 OF 2021 Dhananjay V. Lokhande ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. Aniket Nikam i/b Mr. Piyush R. Toshnival for the Applicant. Mr. S.S. Hulke, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

16.01.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No.246 of 2021 registered by State Excise Department, Nasik for the ofences punishable under Sections 328 of the Indian Penal Code and Sections 65(a),(b),(c)(d),(e)(f), 81, 83 and 90 of Maharashtra Prohibition Act.

3.

The bail is sought on the ground of parity. In support of the said ground, the learned counsel for the applicant has placed on record the copy of order passed by this Court dated 11 January 2022 in Criminal Anticipatory Bail Application No. 2916 of 2021. By the said order, this Court has released the co-accused Kailash Maind on anticipatory bail.

4.

The allegations are in relation to distilling of illicit liquor. The Dinesh S. Sherla 1/2

30-aba-3071-21.doc role attributed to present applicant and co-accused Kailash Maind is identical. In that view of the matter, I am inclined to release the applicant on anticipatory bail. In the result the following order is passed.

ORDER

A) The Anticipatory Bail Application is allowed. B) In the event of arrest of applicant in C.R. No.246 of 2021 registered by State Excise Department, Nasik for the ofences punishable under Sections 328 of the Indian Penal Code and Sections 65(a),(b),(c)(d),(e)(f), 81, 83 and 90 of Maharashtra Prohibition Act, the applicant be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2