Bombay High CourtABA/98/2016allowed

Vishnu S/O Hiranand Taktani v. The State Of Maharashtra, Through P.S.O. Bramhapuri, Chandrapur

2016-03-01Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba98.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.98/2016 Vishnu s/o Hiranand Taktani ..Versus..

The State of Maharashtra, through P.S.O. Bramhapuri, P.S. Bramhapuri, Distt. Chandrapur (M.S.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - 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.

DATE : 1.3.2016 Heard Shri H.P. Lingayat, advocate for the applicant and Shri H.R. Dhumale, A.P.P. for the non-applicant. The applicant is seeking pre-arrest bail apprehending arrest in crime registered against him for the offence punishable under Section 65(A), 82 and 83 of the Maharashtra Prohibition Act.

The applicant is having license for retail sale of country liquor. The prosecution wants custody of applicant to facilitate the investigation regarding the offence for which Prafulla Karale, Nirmal Dhamgaye and Raju are apprehended. According to the prosecution, the co-accused have stated that

2 aba98.16 the stock of country liquor is transported on the say of accused no.2 - Nirmal Dhamgaye and he had told the other accused to collect the quantity of liquor from the present applicant.'

The applicant has stated that he is not involved in any crime, earlier. This is not controverted by the non-applicant. Considering the nature of allegations against the applicant, in my view, the applicant is entitled for pre-arrest bail.

Hence, the following order:

In the event of arrest of applicant in Crime No.42/2016 registered by the non-applicant, the applicant be released on bail on furnishing P.R. bond for Rs.20,000/-(Rs. Twenty Thousand Only) and one solvent surety in the like amount. The application is allowed in the above terms. JUDGE Tambaskar.