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Bombay High CourtABA/319/2019allowed

Roma Ashish Jaat v. State Of Mah, Thr P.So. P.S. Ramnagar, Distt. Chandrapur

2019-07-08Hon'Ble Shri Justice Manish Pitale2 pages

1 aba319.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Criminal Application (ABA) No. 319 of 2019 Roma Ashish Jaat Vs.

State Through P.S. Ramnagar, Chandrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.N. Ali, Advocate for applicant Mr. H.R. Dhumale, APP for non-applicant.

CORAM : MANISH PITALE, J.

DATED : JULY 8, 2019 The applicant herein has approached this Court apprehending arrest in connection with FIR dated 09/04/2019, pertaining to offences under Section 65(E) and 83 of the Maharashtra Prohibition Act, 1949 as also Section 188 of the Indian Penal Code. 2.

The applicant is a lady and she is not named in the FIR. The allegation against her is that the named accused person, who was found in possession of contraband liquor gave a statement in custody that he had brought the contraband liquor from the applicant herein.

3.

Considering these facts, on 24/05/2019, while issuing notice, this Court granted ad-interim protection to the applicant in the following manner.

2 aba319.19.odt "1.

In the event of arrest of applicant, she may be released on interim bail on execution of personal bond of Rs.20,000/- with one surety in the like amount.

2.

She shall made herself available as and when required for interrogation with the concerned Investigating Officer.

3.

She shall not tamper with the evidence or the witnesses."

4.

It is pointed out by the learned counsel appearing for the applicant that the applicant has indeed abided by the conditions imposed by this Court while granting ad-interim protection. It is also informed to this Court that the named accused person in the said FIR has been granted regular bail. 4.

In these circumstances, despite the fact that the learned APP has opposed grant of relief in the present application, the present application is allowed and the interim order granted on 24/05/2019, in favour of the applicant is confirmed. The applicant is directed to continue to co-operate with the investigation.

JUDGE MP Deshpande