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Bombay High CourtABA/603/2016allowed

Sheikh Ismail Sheikh Bashir v. The State Of Maharashtra, Thr. P.S.O. Rajura, Chandrapur

2016-09-29Hon'Ble Shri Justice Sunil B. Shukre3 pages

aba.603.16 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [ABA] No.603 of 2016 (Sheikh Ismail Sheikh Bashir vs.

The State of Maharashtra, through P.S.O. Rajura, District Chandrapur) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.V. Sirpurkar, Advocate for the Applicant. Shri N.R. Patil, A.P.P. for the Non-Applicant/State.

CORAM

: S.B. SHUKRE, J.

DATE : 29 th SEPTEMBER, 2016.

Heard the learned Counsel for the applicant and the learned A.P.P. for the State.

Perused the reply of the prosecution. It is seen that at the time when the raid was conducted, though this applicant was present, according to the Investigating Officer, he ran away from the spot. But, the fact remains that this applicant was not present, when the raid was conducted. So the question is what is there available on record, which would connect this applicant with the seizure of illicit liquor in his house. Then, there would also be a question of the applicant having been in conscious possession of the illicit liquor, as the brother of the applicant has also been apprehended. In any case, necessary seizures have already been made. There is no previous crime registered against this applicant. I am, therefore, inclined to allow the application.

aba.603.16 2 The application is allowed and the interim anticipatory bail granted to the applicant by this Court on 15/09/2016 is hereby confirmed on the same terms and conditions.

The application is disposed as such.

*sdw JUDGE

aba.603.16 3 C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of the original signed order.

Uploaded by: S.D. Waghmare Uploaded on : 30/09/2016 P.A. to the Hon'ble Judge.