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Bombay High CourtABA/465/2015allowed

Dilipkumar S/O Trilokprasad Jat v. State Of Maharashtra, Through P.S.O. Desaiganj, Gadchiroli

2015-10-07Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [ABA] No.465 of 2015 [Dilipkumar Trilokprasad Jat Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. A.S. Bhendarkar, Adv., for the Applicant. Mr. R.S. Nayak, APP for respondent.

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CORAM

:

V.M. DESHPANDE, J.

DATE :

07th October, 2015.

Heard Mr. A.S. Bhendarkar, learned Adv., for the applicant and learned APP Mr. R.S. Nayak for the respondent.

By the present application, the applicant is seeking his enlargement on bail, since he is apprehending his arrest in connection with Crime No. 6129/15 registered with Police Station, Desaiganj, Distt. Gadchiroli for the offences under Sections 65 (a), 98 (c) and 83 of the Maharashtra Prohibition Act.

The First Information Report is lodged by Mr. Vinayak Kothi, who is the Police Sub-Inspector. According to FIR, police got a secret information that in one vehicle, country liquor was being transported. On interception of the vehicle, the country liquor was found

in a Maruti Suzuki Alto car. The accused Satish Vikram Aherwar was arrested. According to First Information Report, the present applicant is the owner of the said vehicle and as per the statement of the co-accused which is mentioned in the First Information Report, the present applicant asked the other co-accused to transport the said country liquor.

The contraband is already seized. Learned APP Mr. R.S. Nayak fairly submits that except the statement of the co-accused, there is no other material available against the applicant. In that view of the matter, the application of the applicant is required to be considered favourably. Hence the following order:-

O R D E R

[a] Criminal Application [ABA] No. 465 of 2015 is allowed.

[b] In the event of applicant's arrest in connection with Crime No. 6129/15 registered with Police Station, Desaiganj, Distt. Gadchiroli, for the offences under Sections 65 (a), 98 (c) and 83 of the Maharashtra Prohibition Act, the Applicant - Dilipkumar Trilokprasad Jat be released on bail on he executing a Personal Bond of Rs. 25,000/- [rupees twenty-five thousand only] with one solvent surety in the like

amount.

[c] The Applicant shall attend the Police Station once in a month i.e., on last Sunday of every month between 3.00 p.m., and 5.00 p.m., till the charge-sheet is filed. [d] A breach of the condition will give rise to the cause for the prosecuting agency to file an application for cancellation of bail. With this, the application is allowed and disposed of.

Judge |hedau|