Bombay High CourtBA/508/2017allowed

Munawar Ali S/O. Ashraf Alimansuri (In Jail) v. State Of Maharashtra Thr. Pso Saoli Tah. Saoli Dist. Chandrapur

2017-06-12Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba508.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 508 OF 2017 (MUNAWAR ALI ASHRAF ALIMANSURI...VS.. STATE OF MAH. THR. P.S.O. PS SAOLI, DIST. 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, Adv. h/f. Shri N.Z.Rizwy, Advocate for applicant. Shri T.A.Mirza, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 12, 2017.

Heard.

The applicant is arrested on 25th April, 2017 in crime registered against him for the offences punishable under Sections 65(e) and 83 of the Maharashtra Prohibition Act, 1949 on the accusations that from the truck driven by him at the time of incident, 99 boxes containing bottles of liquor are seized. The seizure is at Keli-Phata which is in Chandrapur district where sale of liquor is prohibited. The application is opposed on the ground that the investigation is in progress.

The applicant has stated that he is not involved in any other crime or offence. The Investigating Agency has not controverted this submission. Though the prayer of the applicant for grant of bail is opposed on the ground that the investigation is in progress, the Investigating Agency has not been able to point out that custody of the applicant is required for further investigation.

2 ba508.17 Considering the facts of the case, I am of the view that the applicant is entitled to be released on bail. The applicant having been arrested in Crime No. 254 of 2017 registered by the non-applicant, he be released on bail on furnishing P.R. Bond of Rs.Twenty Thousand and two solvent sureties in the like amount.

The application is allowed in the above terms. JUDGE RRaut..