Satish S/O Sukhdeo Nirmalkar v. State Of Mha. Thr. Pso Ps Panchpouli Dist.Nagpur

16aba630.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 630 OF 2022 Satish s/o Sukhdeo Nirmalkar Vs. State of Maharashtra, through P.S.O. P.S. Panchpouli, Nagpur.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.S. Sohoni, Adv. h/f Shri P.S. Jaiswal, Advocate for the applicant. Shri S.M. Ghodeswar, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 19/09/2022 Heard.

2.

The applicant is seeking pre-arrest bail in connection with Crime No.956 of 2022, registered with Police Station Pachpouli, district Nagpur, for the offences punishable under Sections 3 and 7 of the Essential Commodities Act.

3.

In this case, the applicant has been arraigned as accused as in the statement of co-accused Sayyad Taufik Ali he has stated that the present applicant had asked him to load his vehicle with food grains involved in the present crime and to unload at the shop of accused No.4 Salman @ Sonu Pathan. In addition to this, there is antecedent against the applicant and therefore, the prosecution is opposing the present application. 4.

On perusal of the case diary, except the statement of co-accused, nothing has been found more particularly, incriminating against the applicant. rkn

16aba630.2022.odt 5.

Thus, only on the basis of antecedents, the applicant cannot be denied bail. In the circumstances, I am of the opinion that, direction to the applicant to attend the concerned Police Station and cooperate the Investigating Officer, would suffice the purpose, accordingly I pass the following order:

a) The criminal application is allowed.

b) The ad-interim anticipatory bail granted by this Court on 25/08/2022 is confirmed.

c) The applicant shall attend the concerned Police Station from 26/09/2022 till 30/09/2022 between 10.00 a.m. to 12.00 noon and thereafter as and when his presence is required.

[ANIL S. KILOR, J.] Signed By:RAJESH K NANDURKAR Personal Assistant to the Hon'ble Judge rkn