Dnyaneshwar S/O Ravindra Patil And ANR v. The State Of Maharashtra And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4074 OF 2016 1.

Dnyaneshwar s/o Ravindra Patil, Age: 22 years, Occ: Labour, 2.

Rakesh s/o Prakash Patil, Age: 33 years, Occ: Labour, Both R/o. A/p. Mukati, Tq. & Dist. Dhule.

..APPLICANTS

VERSUS

The State of Maharashtra Through Police Inspector Parola Police Station, Parola, Dist. Jalgaon.

..RESPONDENT Mr B.R. Waramaa, Advocate for applicants;

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

DATE : 2nd August, 2016 ORDER :

The applicants are seeking regular bail in Crime No. 98 of 2016, registered with Parola Police Station, District Jalgaon, for the offence punishable under Section 420 of the Indian Penal Code with Sections 65(K) of Bombay Prohibition Act and under Sections 62 and 65 of the Copyright Act

(2) and under Sections 78, 79, 102, 104 of the Trade and Merchandise Mark Act, 1958.

2.

The applicants were caught hold red handed while manufacturing and bottling spurious liquor. 3.

The applicants were apprehended from the spot on the date of incident i.e. 18th June, 2016. 4.

Discovery under Section 27 of the Indian Evidence Act at the instance of one of the accused has resulted into seizure of additional spurious liquor.

5.

The investigation is at advanced stage, as such, in my opinion, further custodial detention of the applicants, particularly as recovery part is already over, is unwarranted.

6.

An offence under Section 420 of the Indian Penal Code is punishable for seven years, hence, in my opinion, the applicants are entitled to be

(3) released on bail. Hence, the following order :- (a) The applicants be released on bail, in connection with Crime No. 98 of 2016, registered with Parola Police Station, District Jalgaon, for the offence punishable under Section 420 of the Indian Penal Code with Sections 65(K) of Bombay Prohibition Act and under Sections 62 and 65 of the Copyright Act and under Sections 78, 79, 102, 104 of the Trade and Merchandise Mark Act, 1958, on furnishing P.R. Bond of Rs. 15,000/- with one surety in the like amount, by each of them.

(b) Till filing of the charge sheet, the applicants shall not enter into jurisdiction of the concerned police station.

7.

Criminal Application stands allowed in above terms.

(N.W. SAMBRE, J.) Tupe