Usha Pradeep Vidhate v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4062 OF 2016 Sau. Usha Pradeep Vidhate, Age: 35 years, Occ: Household, R/o. Kukana, Tal. Newasa, Dist. Ahmednagar.

..APPLICANT

VERSUS

The State of Maharashtra Through the Police Inspector, Police Station, Newasa, Tal. Newasa, Dist.Ahmednagar.

..RESPONDENT Mr V.B. Jagtap, Advocate for applicant;

Mr A.S. Shinde, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 4th August, 2016 ORDER :

The applicant is seeking pre-arrest bail in Crime No. I-181 of 2016 registered with Newasa Police Station, District Ahmednagar, for the offence punishable under Section 328 of the Indian Penal Code and under Sections 65(b) (c) (d) (e), 81 and 83 of the Bombay Prohibition Act.

2.

The husband of present applicant namely

(2) Pradeep was already arrested and subjected to custodial interrogation. He was released by the Court below, as the prosecution has come out with the case that further custodial interrogation of the Pradeep was not required.

3.

The prosecution then alleged that the applicant is the wife of main accused and from the house of applicant, spurious liquor was recovered. 4.

Upon perusal of the investigation papers, it could be inferred that there is hardly any material to infer that the applicant has actually participated in manufacturing/bottling/trading of the spurious liquor. She being a wife of main accused Pradeep, does not mean that she has also acted in connivance of the main accused.

5.

In view of the fact that the investigation of Pradeep is already over and he is already released on bail, in my opinion, the applicant needs to be released on bail. Hence, the following

(3) order :- In the event of arrest, the applicant be released on bail, in connection with Crime No. I181 of 2016 registered with Newasa Police Station, District Ahmednagar, for the offence punishable under Section 328 of the Indian Penal Code and under Sections 65(b) (c) (d) (e), 81 and 83 of the Bombay Prohibition Act, upon furnishing P.R. bond of Rs.15,000/- with one surety in the like amount. 6.

Criminal Application stands allowed in above terms.

(N.W. SAMBRE, J.) Tupe