Rahul Shrawan Golait v. State Of Maharashtra Thr. Pso Ps Chamorshi Dist. Gadchiroli

aba588.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.588/2017 Rahul Shrawan Golait ..vs.. State of Maharashtra thr. PSO P.S. Chamorshi, Dist. Gadchiroli.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. M. N. Ali, Advocate for applicant.

Mr. J. Y. Ghurde, A.P.P. for non applicant.

CORAM : V.M. DESHPANDE, J.

DATED :

AUGUST 31, 2017 Heard Mr. M. N. Ali, Advocate for applicant and Mr. J. Y. Ghurde, A.P.P. for non applicant. This is an application for grant of pre-arrest bail since the applicant is apprehending his arrest in connection with Crime No.167/2017, registered with Police Station, Chamorshi, Dist. Gadchiroli for an offence punishable under Sections 65 (e), 83, 98 (C) of the Maharashtra Prohibition Act, 1949.

The application is contested by the State on the ground that there are previous offences against the present applicant. The applicant along with co-accused was found to be driving a two wheeler which was carrying a basket in which 40 bottles of foreign liquor was found.

It is to be noted that on 18.08.2017, this Court has granted ad interim relief in favour of the present applicant with a direction that the applicant shall attend Police Station, Chamorshi on 22.08.2017,

aba588.17.odt 24.08.2017 and 25.08.2017 in between 11.00 a.m. to 5.00 p.m. It is to be noted that there is no dispute that the present applicant has attended the Police Station and was with the investigating officer from 11.00 a.m. to 5.00 p.m. for three days.

In that view of the matter, according to me, the investigating officer must have interrogated with the present applicant. Therefore, custodial presence of the present applicant is not necessary. Hence, following order is passed.

ORDER

(i) Criminal Application No.588/2017 is allowed.

(ii) Applicant-Rahul Shrawan Golait be released on bail in connection with Crime No.167/2017, registered with Police Station, Chamorshi, Dist. Gadchiroli for an offence punishable under Sections 65 (e), 83, 98 (C) of the Maharashtra Prohibition Act, 1949, on he executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

JUDGE kahale