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Bombay High CourtBA/650/2023application allowed

Bhaulal @ Chingya Devchand Jarhade v. The State Of Maharashtra

2023-04-20Hon'Ble Shri Justice S. G. Mehare2 pages

931-BA-650-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.650 OF 2023 BHAULAL @ CHINGYA DEVCHAND JARHADE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Krushna S. Solanke, Mr. Vishal V Udhan APP for Respondent : Mr. S. P. Deshmukh ...

CORAM :

S. G. MEHARE, J.

DATE :

20-04-2023 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State.

2.

The applicant is seeking bail in C.R.No.347 of 2022 registered with Police Station Pachod, for the offences punishable under Sections 328 of the Indian Penal Code and Sections 65(A)(B) (C)(D)(E)(F), 81, 83, 108 of the Maharashtra Prohibition Act, 1949. 3.

The facts of the case reveal that at the time of raid, the applicant was not present. However, the co-accused fled away from the spot of the incident. After his arrest, he told the police that the applicant used to supply him liquor. Thereafter, the applicant was transferred from the another crime in this crime. In

931-BA-650-23.odt such circumstances, it would be difficult to accept that the applicant is dis-entitle to claim the bail as there were crimes registered against him. In the facts and the circumstances of the case, he deserves bail on certain conditions. Hence, the following order:- i) Application is allowed.

ii) Applicant Bhaulal @ Chingya Devchand Jarhade be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in C.R.No.347 of 2022 registered with Police Station Pachod, for the offences punishable under Sections 328 of the Indian Penal Code and Sections 65(A)(B)(C)(D)(E)(F), 81, 83, 108 of the Maharashtra Prohibition Act, 1949, on the conditions that; (a) He shall not indulge in the similar crime.

(b) He shall attend the police station as and when called by the Investigating Officer till filing chargesheet, if he is not behind bar in any other crime.

(c) He shall show improvement and keep away himself from the illegal business of liquor.

( S. G. MEHARE ) JUDGE rrd