Bishwajeet S/O Tahkur Raptan v. State Of Mah. Thr. Excise Dep. Gadchiroli Tah And Distgadchiroli

1 ld-vc-ba44-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR LD-VC-ABA - No. 44 OF 2020 Bishwajeet Thakur Raptan Vs. The State Through Police Station Gadchiroli - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.M. Daga, Advocate for the applicant Ms. H.N. Jaipurkar, APP for the respondent - State CORAM :MANISH PITALE, J.

DATED : JUNE 09, 2020 Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

Heard learned counsel for the applicant. The applicant is seeking anticipatory bail in connection with FIR No. 7 of 2020 for offences under Sections 65(a)(e), 81, 83 of the Maharashtra Prohibition Act. The allegation against the applicant and coaccused is that they were responsible for storing illicit liquor worth more than Rs.4,00,000/- in under construction compound. It is pointed out at the outset by the learned counsel appearing for the applicant that the co-accused was already granted anticipatory bail by the Sessions Court by order dated 05/05/2020 and the Sessions Court recorded the fact that the entire contraband was already seized and that custodial interrogation of the co-accused was not necessary. Although the learned APP opposed the present application, highlighting the fact that the applicant was having

2 ld-vc-ba44-20.odt criminal antecedents, this Court finds that since the applicant herein is identically situated like co-accused person and he was already granted ad-interim protection by this Court by order dated 12/05/2020 and further when there is no allegation that the applicant is not co-operating with the investigation, the present application also deserves to be allowed.

3.

In view of above, the application is allowed and the applicant is granted anticipatory bail on the same conditions on which he was granted ad-interim protection by order dated 12/05/2020.

4.

Application is disposed of.

5.

This order be communicated to the counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law.

JUDGE MP Deshpande