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Bombay High CourtABA/348/2017allowed

Rajkumar S/O Shrawan Junghare v. State Of Maharashtra, Thr. P.S.O. P.S. Kothari, Chandrapur

2017-07-17Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba348.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 348 OF 2017 (MR. RAJKUMAR S/O SHRAWAN JUNGHARE...VS...STATE OF MAH. THR. P.S.O. PS KOTHARI, TAHBALLARPUR, DISTT.CHANDRAPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Miss. Sneha Dhote Advocate, h/f. Shri. R. R. Vyas, Advocate for Applicant.

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

DATED : 17 th JULY , 2017.

Heard.

Apprehending arrest in connection with Crime No.85 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, the applicant kept stock of liquor in the field adjoining to his field.

The application is opposed on the ground that investigation is in progress and custody of the applicant is required for further investigation.

The applicant, aged about 45 years, claims to be an agriculturist and has stated that he is not involved in any other crime/offence.

The learned advocate for the applicant has

2 aba348.17 pointed out that by order passed on 23rd May, 2017, this Court has granted interim protection to the applicant imposing condition of attending the police station as and when required and it is submitted that the applicant has co-operated with the Investigating Agency.

Though the Investigating Agency has submitted that custody of the applicant is required for further investigation, the Investigating Agency has not been able to point out that the applicant has not co-operated with it after this Court granted interim protection.

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

In the event of arrest in connection with Crime No.85 of 2017 registered by the non-applicant, the applicant be released on bail on furnishing cash security of Rs.50,000/- and one solvent surety in the like amount.

The application is allowed accordingly.

Criminal Application (APPP) No.855 of 2017.

In view of disposal of the main application, the application praying for grant of time to file copy of say has become infructuous.

The Criminal application is disposed of accordingly.

JUDGE PBP