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Bombay High CourtABA/503/2023allowed

Suraj Parimal Mandal v. State Of Mah. Thr. Pso, Ps Chamorshi Dist. Gadchiroli.

2023-09-21Hon'Ble Shri Justice M. W. Chandwani2 pages

2023:BHC-NAG:13967 24.aba.503.23 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [ABA] No.503 of 2023 Suraj Parimal Mandal vs.

State of Maharashtra, through P.S.O., Police Station Chamorshi, District Gadchiroli =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. M.N. Ali, Advocate for the Applicant.

Mr. I.J. Damle, A.P.P. for the Non-Applicant/State. CORAM :

M.W. CHANDWANI, J.

DATE :

st SEPTEMBER, .

Apprehending arrest in Crime No.182/2023, registered with Police Station Chamorshi, District Gadchiroli for the offence punishable under Sections 65(c), 65(e), 65(f) and 83 of the Maharashtra Prohibition Act, 1949, the present application for anticipatory bail has been filed.

02] Heard the learned Counsel for the applicant as well as the learned A.P.P. for the State.

03] I have gone through the case diary. Perusal of the case diary goes to show that on receiving secrete information, the police conducted raid near a pond at Narendrapur, where some persons were found distilling contraband liquor in a pond. The co-accused were arrested on the spot, however, the applicant succeeded to escape from the spot. The material used for distillation as well as the contraband liquor was destroyed on the spot by taking out samples for the purpose of chemical analysis.

24.aba.503.23 2/2 04] The raid is already conducted and the samples have already been taken. This goes to show that most part of investigation is already completed. The contraband material used for the distillation as well as contraband liquor has already been destroyed. Nothing is required to be seized from the present applicant. The applicant is having fixed place of abode. There is no likelihood that the applicant will flee away from justice.

05] Considering the nature of offence and punishment prescribed for the said offence, which is less than seven years, a case is made out for exercising discretion in favour of the applicant. Hence, the following order :

(I) Pending the application, in the event of arrest in connection with Crime No.182/2023 registered with Police Station Chamorshi, District Gadchiroli, applicant - Suraj Parimal Mandal shall be released on bail on his furnishing a P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount before the trial Court.

(II) The applicant shall attend the concerned Police Station on every Thursday in between 10:00 a.m. and 12:00 p.m. for a period of three weeks.

(III) The applicant shall cooperate with the investigation. (IV) The application is allowed and disposed of accordingly. JUDGE *sandesh