Virendra S/O. Chunnilal Ramteke v. The State Of Maharashtra Thr. P.S.O. Police Station Jaripatka Nagpur

1 aba424.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO.424 OF 2018 (Virendra s/o Chunnilal Ramteke ..vs.. State of Maharashtra, through PSO, PS Jaripatka, Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Parag Bezalwar, Counsel for the applicant, Shri N.B. Jawade, Addl.P.P. for the non-applicant. CORAM : ROHIT B. DEO, J.

DATED : 27-07-2018 The applicant is apprehending arrest in Crime 410/2018 registered with the Jaripatka Police Station, Nagpur for offences punishable under Sections 3 and 7 of the Essential Commodities Act.

2.

The case of the prosecution is that one Ajay Chaudhari was apprehended with 204 liters kerosene of blue colour suggesting that the kerosene was meant to be distributed through Public Distribution System. 3.

The case of the prosecution is that said Ajay Chaudhari disclosed that he obtained the kerosene from one person called "Veeru". The submission of the learned Additional Public Prosecutor is that an informer reveled that Veeru is the present applicant.

4.

Concededly, there are no antecedents. The learned Counsel for the applicant states that pursuant to the interim order, the applicant has attended the police

2 aba424.18 station. The learned Additional Public Prosecutor in all fairness does not dispute the statement.

5.

In the light of the material on record, and particularly the fact that the applicant has no criminal antecedents, I am inclined to exercise discretion in favour of the applicant.

6.

The application is allowed.

7.

The applicant shall be released on furnishing personal bond of Rs.15,000/- with one solvent surety of the like amount.

8.

The applicant shall attend the Jaripatka Police Station, Nagpur as and when directed by the Investigating Officer.

9.

The applicant shall not tamper with the prosecution evidence nor shall attempt to influence the witnesses in any manner.

JUDGE adgokar