← Library
Bombay High CourtAPPLN/2444/2017disposed off

Sakharbai Rama Kale. v. The State Of Maharashtra And ANR.

2017-05-30Hon'Ble Shri Justice Sangitrao S. Patil2 pages

*1* 932.cr.appln.2495.2444.17.con.bail kps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2495 OF 2017 BALAJI GOROBA THORAT AND ANOTHER.

VERSUS

THE STATE OF MAHARASHTRA.

WITH CRIMINAL APPLICATION NO.2444 OF 2017 SAKHARBAI RAMA KALE.

VERSUS

THE STATE OF MAHARASHTRA.

...

Advocate for Applicants : Shri Dhorde Vikram R. and Shri Tekale Nikhil S. APP for Respondents: Y.G.Gujrathi.

...

CORAM: SANGITRAO S. PATIL, J.

(VACATION COURT) DATE :- 30th May, 2017 Per Court:

Heard the learned counsel for the Applicants and the learned APP.

The Applicants have been arrested and detained w.e.f. 01.04.2017 and 03.04.2017, respectively, in respect of the offence under Section 3, punishable under Section 7, of the Essential Commodities Act. The diesel, which was allegedly in unauthorized possession of the accused persons, has already been seized. Nothing has remained to be recovered

*2* 932.cr.appln.2495.2444.17.con.bail from the possession of the Applicants. The offence against the Applicants is triable by the Judicial Magistrate First Class. Maximum punishment is seven years. Even there is no mention in the First Information Report about any controlling order of which there has been breach on the part of the Applicants constituting the offence under Section 3 of the Essential Commodities Act.

In the circumstances, I do not find any impediment in releasing the Applicants on bail. Hence, the following order:-

ORDER

(a) The Applicants be released on bail in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with one surety in the like amount on the condition that they shall not tamper with the prosecution evidence in any manner.

(b) The Criminal Applications are, accordingly, disposed of. (SANGITRAO S. PATIL, J.) -[Kalyan Sangvikar, PA]-