Mr. Vjay S/O. Pandit Dengale v. The State Of Maharashtra

Cri.Appln.1148/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1148 OF 2016 Vijay s/o Pandit Dengale, Age 35 years, Occu.Business, R/o Nimgaonjali, Taluka Sangamner District Ahmednagar ..Applicant

Versus

The State of Maharashtra, Through Police Station, Ashwi, Taluka Sangamner, District Ahmednagar ..Respondent Mr R.A. Tambe, Advocate for applicant Mrs R.K. Ladda, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 24th February 2016 PER COURT Heard.

2.

The applicant is seeking pre-arrest bail in Crime No.I-3 of 2016 lodged by Village Development Officer on 28th January 2016 at Ashwi Police Station, Taluka Sangamner, District Ahmednagar, for the offences punishable under Sections 420, 468, 471, 465 of the Indian Penal Code.

3.

Prosecution case is that the applicant has submitted certain No Objection Certificate pretending to be issued by the Gram Panchayat for the purpose of obtaining FL-III licence under the provisions of Bombay Prohibition Act.

Cri.Appln.1148/2016 4.

Learned Counsel for the applicant has invited attention of this Court to the order dated 29th June 2015 passed by the Commissioner of State Excise, Maharashtra State, Mumbai under Section 137 (2) of the Maharashtra Prohibition Act, wherein the Commissioner has observed while granting licence in favour of present applicant that the applicant has completed all the formalities for grant of FL-III licence and directed the Collector, Ahmednagar to grant FL-III licence in favour of the applicant.

5.

In above background, looking to the nature of allegations, in my opinion, custodial interrogation of the application for the time being is not necessary.

6.

As such, Criminal Application stands allowed. In the event of arrest in Crime No. Crime No.I-3 of 2016 lodged by Village Development Officer on 28th January 2016 at Ashwi Police Station, Taluka Sangamner, District Ahmednagar, for the offences punishable under Sections 420, 468, 471, 465 of the Indian Penal Code, the applicant be released on bail, upon furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount.

7.

The applicant shall attend the concerned Police Station on 29th February, 1st and 2nd March 2016 between 10.00 a.m. and 12.00 noon and thereafter as and when called by the Investigating Officer. ( N.W. SAMBRE, J.) vvr