Bombay High CourtABA/55/2017dismissed

Sudhir S/O. Tikaram Avadhare v. State Of Maharashtra Thr. P.S.O. Police Station Kothari Dist. Chandrapur

2017-06-15Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba55.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.55/2017 Sudhir S/o Tikaram Avadhare ..Vs..

State of Maharashtra, through P.S.O. P.S. Kothari, Distt. Chandrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Mahesh Rai, Adv. for the applicant.

Shri T.A. Mirza, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 15.6.2017.

Heard.

The applicant has sought pre-arrest bail, apprehending arrest in crime registered against him for the offence punishable under Section 65(a)(e) and Section 83 of the Maharashtra Prohibition Act. The application is opposed on the ground that the applicant is a habitual offender. The investigating agency has pointed out that 7 crimes are registered against the applicant. The learned Advocate for the applicant has submitted that as far as Crime No.7/2013 for the offence punishable under Sections 376, 506 and 323 of the Indian Penal Code is concerned, after trial the applicant is acquitted. However, the details of this crime and about his acquittal of the offence are not stated in

2 aba55.17 the application filed before this Court. According to the investigating agency, the investigation is still in progress. Considering the above facts, I am not inclined to grant prayer made in the application. The application is dismissed.

As the applicant has enjoyed interim protection granted by this Court by the order passed on 2nd February, 2017 the applicant shall surrender within one week, failing which the conduct of the applicant shall be taken note of in the proceedings.

JUDGE Tambaskar.