Rajesh S/O. Gangaram Gumalwar v. State Of Maharashtra Thr. Police Station Officer, Police Station Rajura Dist. Chandrapur

1003aba59.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.59 OF 2017 (Rajesh s/o Gangaram Gumalwar vs. State of Maharashtra) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri S.S. Dhengale, Advocate for applicant.

Shri S.A. Ashirgade, Additional Public Prosecutor for respondent.

-------- CORAM : P.N. DESHMUKH, J.

DATED : MARCH 10, 2017 This is an application for anticipatory bail in Crime No.629/2016 registered for the offence punishable under Section 65(e) of the Maharashtra Prohibition Act.

Shri Dhengale, learned Counsel for applicant, submits that applicant is falsely involved and no contraband liquor bottles are seized from his possession or from his house, but are seized from open space near well in front of his house and, therefore, application be allowed.

Shri Ashirgade, learned Additional Public Prosecutor does not dispute the fact of recovery of contraband liquor bottle from open space. However, he has contended that applicant was involved in similar offences earlier, which are of 2015 and 2016, registered by Rajura Police Station and since applicant has committed present crime while on bail, he would indulge in similar crime, if application is allowed.

Perusal of report reveals that 9 bottles of

1003aba59.17 2/2 contraband liquor came to be seized near well situated in front of house of applicant. Applicant's involvement is based on statement of persons residing nearby to the effect that person ran away on seeing Police was applicant.

Considering involvement of applicant as aforesaid and since contraband liquor is seized from open space near well in front of house of applicant, application is liable to be allowed as per order below : Interim order dated 2/2/2017 passed by this Court stands confirmed on the same terms and conditions. Applicant shall not reside within the territorial jurisdiction of Rajura Police Station except for attending Investigating Officer, if called, till filing of charge-sheet.

The criminal application is accordingly allowed.

JUDGE khj