Yashwant Babulal Shirsath v. The State Of Maharashtra And Another

2024:BHC-AUG:25365 {1} 902-aba-642-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 642 OF 2024 Yashwant Babulal Shirsath ....Applicant

VERSUS

The State Of Maharashtra And Another .....Respondents .....

Mr. S.P. Pandit, Advocate for Applicant Mr. D.J. Patil, APP for respondents-State .......

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 17th OCTOBER, 2024 ORDER :

1.

Applicant apprehends arrest in Crime No. 194 of 2024 registered with Navapur Police Station, Dist. Nandurbar, for offences punishable under Sections 65(a), 65(e), 83 and 108 of Maharashtra Prohibition Act.

2.

FIR is lodged by police constable Shri. Atul Panpatil on 19.03.2024 alleging that vehicle owned by the applicant was found at a distance of 4 km from Navapur MIDC where another vehicle was standing and liquor from the applicant's vehicle was being shifted in the other vehicle. It is alleged that said liquor was to be transported to Gujarat State where there is prohibition.

Bhagyawant Punde

{2} 902-aba-642-2024 3.

Heard learned advocate for applicant and learned APP for State. Perused the investigation papers. 4.

Applicant has placed on record a copy of transport permit which shows that consignment of liquor was to be delivered to Abhi Hotel, Lakkadkot, Tal-Navapur, Dist. Nandurbar. Admittedly, said hotel is situated at Gujarat border. On registration of crime, driver of applicant's vehicle as well as driver of other vehicle were arrested and they are released on bail. There are no criminal antecedents against the applicant. Investigation appears to be on the verge of completion as FIR is registered on 19.03.2024. Custodial interrogation of applicant is therefore not necessary in the facts of the present case. 5.

Applicant was granted interim protection by order dated 24.04.2024 and he has co-operated in the investigation. In the result, application is allowed by confirming interim protection granted to applicant by order dated 24.04.2024. 6.

Till filing of charge sheet, applicant shall attend the concerned police station, as and when called by the investigating officer and shall co-operate in the investigation. Applicant shall not tamper the prosecution evidence.

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde