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Bombay High CourtABA/467/2016allowed

Nagesh S/O Vinayak Mathankar v. The State Of Maharashtra, Thr. P.S.O. Rajura, Chandrapur

2016-08-02Hon'Ble Shri Justice Sunil B. Shukre2 pages

aba.467.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [ABA] No.467 of 2016 (Nagesh s/o Vinayak Mathankar vs.

State of Maharashtra, through P.S.O. Rajura, District Chandrapur) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

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CORAM

: S.B. SHUKRE, J.

DATE : 2 nd AUGUST, 2016.

Heard Shri R. Deshpande, learned Counsel for the applicant and Shri S.J. Kadu, learned A.P.P. for the nonapplicant/State. Owing to the fact that nothing has been seized or recovered from the possession of the applicant and also the fact that as of now, there is no prima facie evidence showing that the illicit liquor that was seized from the spot, where the applicant was present and after having seen the police fled away from the spot, has got anything to do with the applicant, I am of the view that the pendency of similar crime against the applicant would not come in the way of the applicant in getting the discretion any relief from this court. In this situation, I am inclined to grant this application. Hence, the order :

The application is allowed and the interim relief granted by this Court to the applicant on 18th July, 2016 is hereby confirmed on the same conditions.

JUDGE *sdw

aba.467.16 2/2 C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of the original signed order.

Uploaded by: S.D. Waghmare Uploaded on : 02/08/2016 P.A. to the Hon'ble Judge.