Bombay High CourtABA/382/2017allowed

Yogesh S/O. Vasanta Khaire v. State Of Maharashtra Thr. P.S.O. Ramnagar Police Station Dist. Chandrapur

2017-06-09Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba382.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 382 OF 2017 (YOGESH VASANTA KHAIRE...VS.. STATE OF MAH. THR. P.S.O. RAMNAGAR, CHANDRAPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.A.Chauhan, Advocate for Applicant.

Shri V.A.Thakare, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 09, 2017.

Leave to carryout corrections granted.

Heard.

The applicant seeks pre-arrest bail in crime registered against him for the offences punishable under Section 65(e) of the Maharashtra Prohibition Act and Section 188 of the Indian Penal Code on the accusation that though sale of liquor is prohibited in Chandrapur district, liquor worth Rs.2,00,000/- in bottles kept in 20 boxes is seized from the car owned by the applicant.

The incident is of 15th May, 2017. The applicant has stated that he is not involved in any other crime/ offence earlier. The copy of the reply filed by the Investigating Agency before the Sessions Court is placed on record along with this application. In the reply there is nothing on the basis of which it can be said that the custody of the applicant is required by the Investigating Agency for further investigation.

2 aba382.17 Considering the facts of the case, I am of the view that the applicant is entitled for pre-arrest bail. Hence, the following order:

In the event of arrest in Crime No.803 of 2017, registered by the non-applicant, the applicant be released on bail on furnishing cash security of RBAs.Fifty Thousand and one solvent surety in the like amount.

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