Bombay High CourtBA/67/2016rejected

Akshay Rajesh Singh Bais (In Jail) v. The State Of Maharashtra, Through P.S.O. P.S. Ram Nagar, Chandrapur

2016-02-12Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 67 OF 2016 (AKSHAY RAJESH SINGH BAIS..VS..STATE OF MAH. THR. PSO, PS RAM NAGAR, CHANDRAPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : FEBRUARY 12, 2016.

Heard Shri R.P.Joshi, advocate for the applicant and Shri A.K. Bangadkar, A.P.P. for the non-applicant. This Court, by order dated 2nd February, 2016 issued notice to the non-applicant making it returnable on 22nd February, 2016. The application is circulated by the learned advocate representing the applicant. The learned A.P.P. prayed for time. I intended to grant time and to keep the matter on 29th February, 2016, however, the learned advocate for the applicant insisted that either the matter be taken up earlier or it may be taken up for hearing. On insistence of the learned advocate for the applicant, I have heard the matter.

The contention on behalf of the applicant is that he is wrongly implicated in the offence. It is submitted that he is domestic help working with Shri Babulal Barsagale in whose house the stock of liquor has been seized. There is ban on sale of liquor in Chandrapur district. It being the admitted position on record that the applicant is working as domestic help with Shri Babulal

2 ba67.16 Barsagale, from whose house the stock of liquor has been seized and the facts on record showing that the applicant was found on the spot and the fact that the investigation is still going on and Babulal Barsagale is absconding, the applicant is not entitled for bail at this stage.

The application is rejected with liberty to the applicant to move fresh application after two months or after filing of the charge-sheet, whichever is earlier, if so advised. JUDGE RRaut..