Sachin Ramesh Dhakate v. State Of Mah., Thr. Pso Ps Ramnagar Dist Chandrapur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
Criminal Application (BA) No.580 of 2019 (Sachin Ramesh Dhakate and others. .vs. State of Maharashtra through PSO PS Ramnagar, Dist. Chandrapur. ) --------------------------------------------------------------------------------------------------------- ---- OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.
and Registrar's orders Mr. J.S. Chilotra, Advocate for Applicant Mr. A.D. Sonak, APP for Non-applicant/State. CORAM : Manish Pitale, J.
DATED : July 17, 2019.
The applicants herein have filed this application seeking bail as they were arrested in connection with FIR dated 03.06.2019 for alleged offences under Sections 65(A) and 83 of the Maharashtra Prohibition Act, 1949 and Section 188 of the Indian Penal Code. While the applicant Nos. 1 and 2 were arrested on 03.06.2019, the applicant no.3 was arrested on the next day i.e. 04.06.2019.
2.
The allegation against the applicants along with other accused persons is that that they were found to be transporting liquor in district Chandrapur where there is prohibition. The value of the contraband was found to be approximately Rs.2 lakhs.
3.
Upon issuance of notice, reply has been filed on behalf of the non-applicant/State, wherein it is pointed out that applicant nos. 1 and 3 have been found to be indulging in similar activities also, while there does not appear to be any criminal antecedents of applicant no.2. It is stated in the reply that the investigation is
still in progress and considering quantity of contraband recovered, as also the fact that there is possibility of applicants indulging in similar activities if enlarged on bail, the application deserves to be rejected. 4.
A perusal of the material on record shows that the applicants have been in jail for more than a month. The only anxiety expressed on behalf of the nonapplicant/State regarding possibility of the applicants repeating such conduct can be taken care of by imposing appropriate conditions, particularly in the light of the fact that the applicants have undertaken to cooperate with the investigation.
5.
In view of the above, present application is allowed and the applicants are directed to be released on bail on following conditions:- a) The applicants shall furnish P.R.Bond of Rs.50,000/- (Rs. Fifty Thousand) each and a surety in the like amount.
b) The applicants shall report to Police Station Ramnagar, district Chandrapur, once every week i.e. on Sunday between 10 a.m. and 5 p.m. till filing of the charge-sheet.
c) The applicants shall remain present before the Investigating OfÏcer as and when required. d) The applicants shall not indulge in any activity similar to the one that led to registration of the aforesaid FIR.
e) The applicants shall not tamper with the evidence and they shall not influence witnesses. 6.
The reply handed over by the learned APP is
taken on record. It is made clear that if the applicants violate any of the conditions noted above, bail granted to them shall be liable to be cancelled. It is further clarified that the observations made in the present order are limited to the question of grant of bail to the applicants.
JUDGE halwai