Vishal S/O Anand Jambhulkar v. The State Of Maharashtra, Thr. Pso, Ps, Chimur, Tah. Chimur, Dist. Chandrapur
2025:BHC-NAG:6663
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO.465 OF 2025 (Vishal s/o Anand Jambhulkar Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. A.M. Jaltare, Advocate for the applicant. Mr. N.B. Jawade, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- JULY 7, 2025.
Apprehending arrest at the hands of police in connection with Crime No.175/2025 registered with Police Station Chimur, District Chandrapur for the offence punishable under Sections 65(a), 65(e), 83 and 90 of the Maharashtra Prohibition Act, 1949 and Sections 318(4), 336(2), 336(3), 340(2) and 49 of the Bharatiya Nyaya Sanhita, 2023, the applicant approached to this Court for grant of pre-arrest bail.
2.
Learned Counsel for the applicant submitted that the applicant was not found along with the truck. The truck is already seized along with the illicit liquor. As far as the present applicant is concerned he was not at all connected with the alleged offence. The custodial interrogation of the present applicant is required for the purpose of seizure of the truck which is already seized. In view of that, the applicant is ready to co-operate with the investigating agency, and therefore, the applicant be protected by granting anticipatory bail.
3.
Learned APP strongly opposed for the same on the ground that considering the huge quantity of the illicit liquor was found in the truck and there are CDR and SDR report showing the connection of the present applicant with the other co-accused, the application deserves to be rejected.
4.
I have heard learned Counsel for both the parties. On perusal of the recitals of the FIR and the investigation papers it reveals that the applicant was not found on the spot of incident. The illicit liquor as well as truck are already seized. As far as the custodial interrogation of the applicant is concerned which is not required. The interrogation part can be taken care of by imposing certain conditions on the present applicant. Accordingly, I proceed to pass the following order: (i) The application is allowed.
(ii) In the event of the arrest, the applicant - Vishal s/o Anand Jambhulkar in connection with Crime No.175/2025 registered with Police Station Chimur, District Chandrapur for the offence punishable under Sections 65(a), 65(e), 83 and 90 of the Maharashtra Prohibition Act, 1949 and Sections 318(4), 336(2), 336(3), 340(2) and 49 of the Bharatiya Nyaya Sanhita, 2023, be released
on anticipatory bail, on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.
(iii) The applicant shall attend the concerned police station once in a week. i.e. on every Monday between 10.00 AM and 1.00 PM and shall cooperate with the investigating agency.
(iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.
(v) The applicant shall attend the proceedings before the trial Court without seeking any exemption unless there are exceptional circumstances.
5.
The contravention of any of the condition would lead to the cancellation of bail.
6.
The application stands disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya