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Bombay High CourtABA/413/2017allowed

Ganesh Raghoba Kulmethe v. State Of Maharashtra Thr. Pso Ps Rajura Dist. Chandrapur

2017-07-03Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba413.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 413 OF 2017 (GANESH RAGHOBA KULMETHE...VS.. STATE OF MAH. THR. P.S.O. P.S. RAJURA, 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, Advocate for Applicant.

Shri Neeraj Patil, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JULY 03, 2017.

Heard.

The applicant is running a restaurant at Mouza : Kothari, Tahsil : Ballarpur, District : Chandrapur. The applicant apprehends arrest in connection with crime registered against him and others for the offences punishable under Sections 65(a) and 83 of the Maharashtra Prohibition Act, 1949.

According to the Investigating Agency, the vehicle Scorpio was stopped on Rajura-Ballarsha road and on search liquor worth Rs.7,00,000/- was found in the vehicle and coaccused Mayur and Harshad were arrested and during interrogation co-accused Mayur has stated that the stock of liquor was to be supplied to the present applicant. According to the Investigating Agency, the applicant is habitual offender and earlier also four crimes of similar nature are registered against him.

2 aba413.17 The learned advocate for the applicant has submitted that for the crimes registered against him earlier, after trial he is acquitted.

This Court has granted protection to the applicant by order passed on 19th June, 2017 and the applicant was directed to attend Police Station and co-operate with the Investigating Agency. The Investigating Agency has not complained that the applicant has not co-operated with it. The Non-applicant has not pointed out that custody of the applicant is required for further investigation. Considering the facts of the case and the nature of accusations against the applicant, following order is passed: In the event of arrest in connection with Crime No.511/2017, registered by the non-applicant, the applicant be released on bail on furnishing cash security of Rs.Fifty Thousand and furnishing one solvent surety in the like amount.

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