Babanrao Bhagwan Ghorpade v. The State Of Maharashtra

ABA337-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 337 OF 2021 Babanrao s/o Bhagwan Ghorpade ...

Applicant

VERSUS

The State of Maharashtra, Through Police Station Officer Pathardi, District Aurangabad ...

Respondents Mr. N. L. Jadhav, Advocate for the applicant, Mr. A. V. Deshmukh, A.P.P. for the State.

CORAM

: V. G. BISHT, J.

DATE : 24th August, 2021.

ORDER:

1.

Heard learned counsel for the applicant and learned A.P.P. 2.

It appears from the record that on 18.02.2021, a goods truck bearing registration No. MH-16-CC-5509, on the basis of secret information, was intercepted and on being enquired with the driver of the said truck he revealed that the said truck contains rice which was meant for a ration shop. Accordingly, offence came to be registered against the present applicant and the said truck driver. 3.

It appears from the order dated 26th July, 2021, passed by this Court (Coram: Sandeep K. Shinde, J.), that the learned counsel for the applicant, on instructions, had undertaken to produce invoice of M/s. Vijay Trading Company from whom rice was purchased by the applicant, stock register of the applicant's firm, lorry receipt, particulars of the

ABA337-21 vehicle in which the rice was transported from Gondiya, cash book, bank book and the ledger extract of M/s. Vijay Trading Company including its G.S.T. number.

4.

Today, during the course of hearing, learned counsel for the applicant submitted that all the necessary documents are submitted before the investigating officer to his satisfaction and in such circumstance, the learned counsel contended that it cannot, therefore, be said that the alleged rice which was found in the truck was the rice under the Government distribution scheme and meant for ration shop. The learned A.P.P., on his part, fairly submitted that all the necessary documents have been duly submitted and verified by the investigating officer to his satisfaction and therefore he has no objection if the present application for pre-arrest bail is allowed. 5.

In view of above submissions of the parties, the interim protection granted by this Court on 09.04.2021 is confirmed and is made absolute.

6.

The application stands disposed of.

(V. G. BISHT, J.) JPC