Jyoti W/O Kishor Kale v. The State Of Maharashtra

2024:BHC-AUG:14880 953-BA-1087-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1087 OF 2024 JYOTI W/O KISHOR KALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Sopan G. Bobade APP for Respondent : Ms. D. S. Jape ...

CORAM : S. G. MEHARE, J.

DATE : 16-07-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned counsel for respondent.

2.

The applicant seeks bail in C.R.No.462 of 2024 registered with Police Station M.I.D.C., Waluj, Taluka Gangapur, District Aurangabad, for the offences punishable under Section 328 of the Indian Penal Code and Section 65(e) of the Maharashtra Prohibition Act.

3.

The applicant was found manufacturing liquor. She was caught red-handed by the police. However, the allegations have been levelled that she was manufacturing liquor with poisonous substance. There was nothing on record to show what was poisonous substance found. In the circumstances, the question, whether Section 328 of the Indian Penal Code can be applied or

953-BA-1087-24.odt not. It would be determined in the trial. In the raid, everything has been seized. Nothing is to be recovered from the applicant. Hence, the applicant deserves bail.

ORDER

i) Bail application is allowed.

ii) Applicant Jyoti w/o. Kishor Kale be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that, (a) She shall attend the police station as and when called by the Investigating Officer on written notice till the filing of the chargesheet.

( S. G. MEHARE ) JUDGE rrd