Chandrayya S/O Bhumayya Gaddamwar v. State Of Maharashtra, Thr. Pso, Ps Chamorshi, Dist. Gadchiroli
2025:BHC-NAG:5229
(1) 921.ba.436.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.436 OF 2025 Chandrayya s/o Bhumayya Gaddamwar Vs.
State of Maharashtra, through Police Station Officer, Police Station Chamorshi, District Gadchiroli -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Rajnish Vyas, Counsel for applicant.
Ms. T. H. Udeshi, APP for the non-applicant through Video Conferencing. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 07/05/2025 1.
The applicant came to be arrested on 22.03.2025 in connection with Crime No.127/2025 registered with Police Station Chamorshi, District Gadchiroli for the offence punishable under Sections 65(a) and 98 of the Maharashtra Prohibition Act. 2.
The crime is registered against the present applicant on the basis of report lodged by Police Constable Sarjan Fakira Chavan on an allegation that on receipt of the information, the raid was conducted and the present applicant was found in possession of the illicit liquor. On the basis of the said report, police have registered the crime against the present applicant.
(2) 921.ba.436.2025 3.
Heard learned Counsel for the applicant who submitted that now the investigation is completed, charge-sheet is filed and further incarceration of the present applicant is not required. He admitted that there are criminal antecedents against him.
4.
Learned APP strongly opposed for the same on the ground that in all 19 offenes are registered against the present applicant. Thus, he is a habitual offender and considering the same, the applicant deserves to be rejected.
5.
On hearing both the sides and on perusal of the recitals of the FIR and the investigation papers it reveals that the involvement of the present applicant is apparent from the investigation papers but considering now the investigation is already completed and charge-sheet is filed. Mere criminal antecedents are not sufficient to reject the bail application of the present applicant. At the same time, some conditions require to be imposed on the present applicant. In view of that, I proceed to pass following order:
ORDER
(i) The application is allowed.
(ii) The applicant Chandrayya s/o Bhumayya Gaddamwar shall be released on bail in connection with Crime No.127/2025 registered with Police Station Chamorshi, District Gadchiroli
(3) 921.ba.436.2025 for the offence punishable under Sections 65(a) and 98 of the Maharashtra Prohibition Act, on executing PR bond in the sum of Rs.25,000/- with one solvent surety in the like amount.
(iii) The applicant shall not indulge in similar type of the activities in future. A single registration of offence would lead to the cancellation of bail. (iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.
(v) The applicant shall attend the proceeding before the trial Court without seeking any exemption unless there are exceptional circumstances.
The application is disposed of.
(URMILA JOSHI-PHALKE, J.) Sarkate