Bombay High CourtABA/182/2017allowed

Avinash Dilip Sontakke v. State Of Maharashtra Thr. Pso Ps Ballarpur, Dist. Chandrapur

2017-06-22Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba182.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 182 OF 2017 (AVINASH DILIP SONTAKKE...VS.. STATE OF MAH. THR. P.S.O. BALLARPUR, 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 M.N.Ali, Advocate for Applicant.

Shri M.J.Khan, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 22, 2017.

Heard.

The applicant, apprehending arrest in crime registered against him for the offences punishable under Section 65(e) of the Maharashtra Prohibition Act, 1949 read with Section 188 of the Indian Penal Code, has sought prearrest bail. According to the Investigating Agency, liquor worth Rs.20,000/- is seized from open place behind the structure where the applicant is running Lottery Centre. The application is opposed on the ground that he is habitual offender and earlier also six crimes, some of them of similar nature, are registered against the applicant. The applicant has stated that out of the six crimes registered against him, he is acquitted in four cases.

This Court has granted interim protection to the applicant by order passed on 24th March, 2017. The Investigating Agency has not complained that the applicant

2 aba182.17 has misused the interim protection granted by this Court or has not co-operated with the Investigating Agency. Considering the facts of the case, following order is passed :

In the event of arrest in Crime No. 304/2017, registered by the non-applicant, the applicant be released on bail on furnishing cash security of Rs.Fifty Thousand and one solvent surety in the like amount.

The application is allowed accordingly.

JUDGE RRaut..