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Bombay High CourtBA/326/2019allowed

Geetabai Ghanshyam Khanjar v. State Of Mah, Thr P.So. P.S Ramnagar, Chandrapur

2019-04-29Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

1 ba 326.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Criminal Application (BA) No. 326 of 2019 (Geetabai Ghanshyam Khanjar Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. R. Vyas, Advocate for the applicant Shri S. D. Sirpurkar, APP for the State/non-applicant CORAM : M. G. GIRATKAR, J.

DATED : 29/04/2019 Heard learned Advocate Shri Vyas for the applicant. He has submitted that applicant is aged lady. Offence punishable under Section 65(e) of the Maharashtra Prohibition Act and Section 188 of IPC are registered against her. She was arrested on 21.03.2019. Till date, she is in jail. Learned counsel for the applicant has submitted that investigation is complete. Further detention is not necessary, therefore, prays for grant of bail. 2.

Shri Sirpurkar, learned Additional Public Prosecutor for the State has strongly objected the present application and submitted that she is habitual offender. She is found in possession of liquor worth Rs.18,00,000/-.

3.

Punishment provided for the offence punishable under Section 65(e) of the Maharashtra Prohibition Act is to the extent of three years. Looking to the punishment provided for the offence, criminal application is allowed.

2 ba 326.19.odt 4.

The applicant be released on bail on her executing a P.R. Bond in the sum of Rs.50,000/- with one solvent surety of the like amount on condition that the applicant shall not involve in such type of offence in future. If it is reported, then the bail granted to her shall liable to be cancelled.

JUDGE SMG