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Bombay High CourtBA/817/2017allowed

Gajanan Vishnu Jiwtode And Others (In Jail) v. The State Of Maharashtra Thr. Police Inspector Police Station Ramnagar Chandrapur Dist. Chandrapur

2017-09-04Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.817 OF 2017 Gajanan Vishnu Jiwtode and ors ..vs..

The State of Maharashtra, thr. Police Inspector, Police Station Ramnagar, Chandrapur, District Chandrapur ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... \ Shri Jasprit Singh Chilotra, Counsel for the applicants. Shri I.J. Damle, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : SEPTEMBER 4, 2017.

Heard learned counsel Shri Jasprit Singh Chilotra for the applicants and learned Additional Public Prosecutor Shri I.J. Damle for the State.

This is an application for regular bail since the applicants are arrested on 29.7.2017 in connection with Crime No.1201 of 2017 registered with Police Station Ramnagar, Tahsil and District Chandrapur for the offences punishable under Section 65(a) and 83 of the Bombay Prohibition Act and under Section 188 of the Indian Penal Code.

According to the prosecution, the investigating officer received a secret information that liquor is being transported to Chandrapur from Yavatmal in motor vehicle Tata-407 MH-34-A/2314. Accordingly, a trap was arranged at .....2/-

Jain Petrol Pump. The said vehicle came there and at the time of taking out the wooden boxes, the present applicants along with other were arrested there only. When the search was made, liquor was found. At the time of arrest itself, the liquor is seized.

The applicants are in jail since 29.7.2017. The Muddemal is already seized.

In that view of the matter, I see no reason for not granting the bail in favour of the present applicants. The interest of the prosecution can be secured by directing the applicants to attend the police station. Hence, I pass the following order:

ORDER

i) The criminal application is allowed.

ii) The applicants be released on bail on their executing P.R. Bond in the sum of Rs.25,000/- by each of them with two solvent sureties of the like amount by each of them in connection with Crime No.1201 of 2017 registered with Police Station Ramnagar, Tahsil and District Chandrapur for the offences punishable under Section 65(a) and 83 of the Bombay Prohibition Act and under Section 188 of the Indian Penal Code.

iii) The applicants to attend the Police Station .....3/-

Ramnagar, Tahsil and District Chandrapur once in a month i.e. on 3 rd Sunday of every month in between 3:00 p.m. and 5:00 p.m., till the Trial is over.

iv) The applicants shall not indulge themselves in future in the similar type of offence.

v) With this, the criminal application is disposed of.

JUDGE !! BRW !!

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