Bombay High CourtABA/321/2017allowed

Narsing S/O. Malayya Ganvenwar v. State Of Maharashtra Thr. Police Station Officer, Pso Saoli, Tah. Saoli Dist. Chandrapur

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

1 aba321.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 321 OF 2017 (NARSINGH S/O MALAYYA GANVENWAR...VS.. STATE OF MAH. THR. P.S.O. PS SAOLI, TAH-SAOLI, 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. Abhay Sambre, Advocate for Applicant.

Shri. T. A. Mirza, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 22 nd JUNE , 2017.

Heard.

The applicant, apprehending arrest in crime registered against him for the offences punishable under Sections 65(e) and 83 of the Maharashtra Prohibition Act, has sought pre-arrest bail. The accusations against the applicant are that stock of liquor is seized from Truck in which it has been transported and the driver disclosed that the stock of liquor belongs to the applicant.

The application is opposed on the ground that the applicant is involved in similar crimes earlier and five crimes including for the offences punishable under Sections 307, 143, 147, 149, 504 of the Indian Penal Code are registered against the applicant.

In the crimes registered against the applicant earlier for similar offences, the name of the applicant is not disclosed in the First Informatino Report but he is added as

2 aba321.17 the accused during the course of investigation. In the present case, the Truck in which the stock of liquor was being transported is not owned by the applicant. The non-applicant has not been able to show that the custody of the applicant is required for further investigation.

Considering the facts of the case, following order is passed :

The applicant having been arrested in the Crime No.254 of 2017 registered by the non-applicant, he be released on bail on executing P. R. Bond of Rs.25,000/- and furnishing one solvent surety in the like amount. The application is allowed in the above terms. JUDGE PBP