Ganesh S/O Pandurang Jadhav And Another v. The State Of Maharashtra

crap2832.15 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2832 OF 2015 [Ganesh s/o Pandurang Jadhav and another Vs The State of Maharashtra] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court's or Judge's orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri R.R.Mantri, advocate h/f Shri R.R.Sancheti, advocate for applicant Smt. S.G.Chincholkar, A.P.P. for respondent .....

CORAM : V.M.DESHPANDE, J.

DATED : 17 th June, 2015 PER COURT :- 1] This is an application under Section 439 of the Code of Criminal Procedure for regular bail, since the applicants are in arrest in connection with Crime No. 70 of 2015, registered with Osmanabad Rural police station, for the offences punishable under Sections 272, 273, 188, 328 of the Indian Penal Code and Sections 26 and 30 of the Food Safety and Standards Act, 2006.

2] I have heard Shri R.R.Mantri, advocate holding for Shri R.R.Sancheti, learned counsel for applicant and Smt. S.G.Chincholkar, learned Additional Public Prosecutor for the respondent/State.

3] The applicants are truck drivers. On 15.5.2015 they were found to be driving the trucks bearing Nos. MH-04/EL3878 and MH-04/FD-2117. Those trucks were intercepted by the investigating officer. At that time, it was found that those trucks were containing Hira Pan Masala and Tobacco. The articles are already seized by the investigating officer. The applicants were arrested on 20.5.2015 and since then they

crap2832.15 are in jail.

4] The learned Additional Public Prosecutor has reported that the investigation in so far as these two applicants are concerned, is already over. Further,one Sk.Sujauddin Sk.Khaliluddin has already claimed that he is the owner of the said articles. In that view of the matter, further custodial presence of the applicants is not at all necessary. That leads me to pass the following order.

O R D E R

(i) The application is allowed.

(ii) Applicant-Ganesh s/o Pandurang Jadhav and Chand Sayba Patel be released on bail on they each executing P.R.bond of Rs.5,000/- with two solvent sureties in the like amount by each of them, in connection with Crime No. 70 of 2015, for the offences punishable under Sections 272, 273, 188, 328 of the Indian Penal Code, registered with Osmanabad Rural Police Station.

(iii) Bail before the trial court.

(iv) The applicants shall furnish their permanent address of residence and also his telephone numbers, both the land line and also the cell phone to the investigating officer. (v) The applicant shall attend police station as and when required by the investigating officer. For that purpose, the investigating officer shall give written intimation to the applicants and also give the message electronically on the cell phone of the applicants with two days period notice. (vi) With the above observations, application is disposed of.

(V.M.DESHPANDE, J.) dbm/crap2832.15