Rahul Dattatray Goud (In Jail) v. State Of Maharashtra Thr. Police Station Officer Ashti, Tah. Chamorshi Dist. Gadchiroli

1 ba644.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 644 OF 2017 (RAHUL DATTATRAY GOUD...VS...STATE OF MAH. THR. P.S.O. PS CHAMORSHI, DIST.GADCHIROLI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri O. K. Masurke, Advocate for Applicant.

Shri T. A. Mirza, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 17 th JULY, 2017.

The applicant is arrested on 13th April, 2017 in connection with Crime No.58 of 2017 registered against eight persons (including the applicant) for offences punishable under Sections 65(e), 98(c) and 83 of the Maharashtra Prohibition Act.

According to the Investigating Agency, huge quantity of liquor i.e. 254 boxes was being transported in a Bolero which was driven by co-accused Pravin and Khushal and Bandu were in the vehicle, and the applicant was on a motorcycle signaling the driver of Bolero about the fact that the way ahead was clear.

The application is opposed on the ground that the applicant is habitual offender and Crime No.62 of 2017 is registered against him with Mul Police Station for similar offences.

The learned advocate for the applicant has

2 ba644.17 submitted that the applicant is implicated on the ground that co-accused have named the applicant as one of the accomplice. It is submitted that the investigation is complete and charge-sheet is filed and as the non-applicant has not been able to point out that custody of co-accused is required for further investigation, co-accused Pravind, Khushal, Bandu, Rahul and Laxman are released on bail as per the order passed by this Court on Criminal Application (BA) No.502 of 2017.

Considering the facts of the case, following order is passed:

The applicant having been arrested in connection with Crime No.58 of 2017 registered by the non-applicant, he be released on bail on executing P. R. Bond for Rs.50,000/- and furnishing one solvent surety in the like amount. The application is allowed in the above terms. JUDGE PBP