Bombay High CourtBA/513/2017allowed

Ghanshyam Maanu Potavi (In Jail) v. State Of Maharashtra Thr. Police Station Officer, Police Station Kasansur, Tah. Etapalli Gadchiroli

2017-06-14Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.513/2017 Ghanshyam Maanu Potavi ..Vs..

State of Maharashtra through its Police Station Officer, Police Station Kasansur, Tah. Etapalli, Distt. Gadchiroli - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Amit Kinkhede, Adv. for the applicant.

Shri T.A. Mirza, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 14.6.2017.

Heard.

The applicant is arrested on 27th April, 2017 in crime registered against him for the offence punishable under Sections 65(a), 65(e), 83 and 98 of the Maharashtra Prohibition Act and Section 188 of the Indian Penal Code on the accusations that though sale of liquor in Gadchiroli district is banned, liquor worth Rs.8,16,000/- is seized from the house of the applicant. The applicant aged about 23 years claims to be a Cultivator and has stated that he is not involved in any other crime / offence. These facts are not controverted by the non-applicant. In the reply filed by the investigating agency before the trial Court (copy of which is placed on record alongwith this application at page 13), the investigating agency has not been able to show that custody of applicant is required for further

2 ba513.17 investigation.

Considering the facts of the case, in my view, the applicant is entitled to be released on bail, however, on conditions as imposed by this order.

The applicant having been arrested in Crime No.7/2017 registered by the non-applicant, he be released on bail on furnishing cash security of Rs.1 Lakh and one solvent surety in the like amount.

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