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Bombay High CourtABA/334/2016allowed

Manohar S/O Madhav Bharre v. State Of Maharashtra Through Police Station Officer, Bramhapuri, Chandrapur

2016-06-23Hon'Ble Shri Justice Sunil B. Shukre2 pages

2306aba334.16.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) 334 OF 2016 (Manohar Madhav Bharre Vs. The 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. O. K. Masurke, Advocate for the applicant. Mrs. M. H. Deshmukh, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : 23 JUNE, 2016 Heard.

This application has been opposed by the learned A.P.P. for the State. However, considering the fact that necessary seizures have been made, no custodial interrogation of the applicant would be required.

The learned Counsel for the applicant, on instructions, gives an undertaking on behalf of the applicant that the applicant would surrender four-wheeler vehicle involved in the incident. The undertaking is accepted.

In view of the above, I am of the view that this application can be granted and it is allowed accordingly. It is directed that in the event of arrest of the applicant in Crime No.209/2016 registered with police station Bramhapuri, Distt. Chandrapur for the offence

2306aba334.16.odt 2/2 punishable under Sections 65(A) and 83 of the Maharashtra Prohibition Act, the applicant shall be released on bail on his executing a P. R. Bond in the sum of Rs.25,000/- together with one solvent surety in the like amount on the conditions that the applicant shall surrender four-wheeler vehicle involved in the crime to police station, Bramhapuri for its being seized for the purpose of investigation and trial, in accordance with law within three days from the date of the order, shall attend police station, Bramhapuri every day between 11.00 a.m. and 1.00 p.m. starting from 27/6/2016 for a period of one week, shall cooperate with the police in the investigation and shall not tamper with the prosecution evidence.

If the four-wheeler, bearing registration No.MH-34/AM-6253, involved in the crime, is not surrendered as directed by this Court, this order shall be automatically cancelled without reference to the Court. Authenticated copy of the order be furnished to both the sides.

JUDGE wwl