Vijendra Singh S/O Takdir Singh Juni v. The State Of Mah., Thr. Pso Ps Wadner Tq Hinganghat Dist Wardha

aba562.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.562/2019 Vijendra Singh s/o Takdir Singh Juni .vs. State of Maharashtra, through PSO P.S. Wadner _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. R. S. Renu, Advocate for applicant.

Mr. S. M. Ghodeswar, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : SEPTEMBER 13, 2019 Heard Mr. Renu, learned counsel for applicant and Mr. Ghodeswar, learned A.P.P. for non applicant-State. Also perused the reply filed.

Applicant is apprehending his arrest in connection with Crime No.124/2019, registered with Police Station, Wadner for an offence punishable under Sections 65 (E), 77(A) and 109 of the Indian Penal Code.

According to prosecution, investigating officer has received a secret information that present applicant in collusion with main accused Suresh Kudmethe, has stocked country liquor in agricultural field of one Bhaiyaji Patil. Accordingly, he conducted raid on 20.03.2019 and seized 28 boxes of liquor. Accused no.1 was already arrested. According to reply, present applicant is a habitual offender and he has supplied stock to Suresh.

Merely because there are criminal antecedents that itself is not sufficient to reject the bail application. The

aba562.19.odt investigation papers do not show that there are any material insofar as the crime in question is concerned. Hence, I pass the following order.

ORDER

(i) The application is allowed.

(ii) In the event of arrest in connection with Crime No.124/2019, registered with Police Station, Wadner for an offence punishable under Sections 65 (E), 77(A) and 109 of the Indian Penal Code, applicant-Vijendra Singh s/o Takdir Singh Juni be released on bail on he executing P.R. Bond in the sum of Rs.50,000/- with one solvent surety in the like amount.

(iii) Applicant shall attend Police Station, Wadner, Dist. Wardha, twice a week i.e. on every Wednesday and Thursday and shall be with the investigating officer from 11.00 a.m. to 05.00 p.m., till filing of the charge-sheet. (iv) The observations made in this order are prima facie in nature and are made only for the purpose of deciding present application for bail. At the time of trial, the learned trial Court shall not get influenced by any of the observations made in this order.

The application is disposed of.

JUDGE kahale