Balya @ Lala Maroti Nimgade v. State Of Maharashtra, Thr. P.S.O. P.S. Gondpipri, Chandrapur

1 aba345.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 345 OF 2017 (BALYA @ LALA MAROTI NIMGADE...VS.. STATE OF MAH. THR. P.S.O. PS GONDPIPRI, 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 M. N. Ali, Advocate for Applicant.

Shri S. P. Deshpande, A.P.P. for Non-applicant. CORAM : Z.A.HAQ, J.

DATED : 17 th JULY , 2017.

Apprehending arrest in connection with Crime No.141 of 2017 registered for the offence punishable under Section 65(a)(e) of the Maharashtra Prohibition Act, the applicant seeks pre-arrest bail.

According to the Investigating Agency, on getting information that liquor is being transported in a Scorpio vehicle, policemen checked the vehicle, stopped it, however driver and another person who were in the vehicle fled away but the vehicle and liquor worth Rs.4,25,000/- came to be seized. According to the Investigating Agency, the vehicle is owned by the present applicant and subsequently brother of the applicant namely Dhanraj and the driver are also arrested. According to the applicant, the vehicle was taken by his brother but he was not aware that his brother would be transporting liquor in the vehicle. The applicant, aged about 28 years, claims to be an agriculturist and has stated that he is not involved in any other crime/offence.

2 aba345.17 The learned advocate for the applicant has submitted that Dhanraj (brother of the applicant) is released on bail.

This Court has granted interim protection to the applicant by order passed on 23rd May, 2017. The Investigating Agency has not complained that the applicant has misused the interim protection or has not co-operated with it.

In the facts of the case, following order is passed: In the event of arrest in connection with Crime No.141 of 2017 registered by the non-applicant, he be released on bail on furnishing cash security of Rs.1,00,000/- and one solvent surety in the like amount.

The application is allowed in the above terms. JUDGE PBP