Sheikh Nadim Sheikh Rahim And Others (In Jail) v. The State Of Maharashtra Thr. Police Inspector Police Station Ramnagar Chandrapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 854 OF 2017 ( Sheikh Nadim Sheikh Rahim and others..vs..State of Maharashtra, through PSO.PS.Ramnagar, Chandrapur.) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri J.S.Chilotra, Advocate for applicants.

Shri V.P.Gangane,A.P.P. for State-non-applicant. CORAM : V.M. DESHPANDE, J DATED : SEPTEMBER 13,2017 Heard learned counsel for the applicants and learned A.P.P.for the State.

The applicants are arrested on 31/7/2017 in connection with Crime No.1209/2017, registered with P.S.Ramnagar, Chandrapur, for the offence punishable under Sections 65(a) and 83 of the Maharashtra Prohibition Act, and under Section 188 of the Indian Penal Code.

Even according to learned A.P.P. though the final report is not submitted by the prosecuting agency before the Court the investigation in so far as the present applicants are concerned is already over. The contraband is already seized. Looking to the said and the fact that the applicants are behind the bar since more than 1 1⁄2 month , in my view, further custodial presence of the applicants is not at all necessary for the offence punishable under the Maharashtra Prohibition Act. Resultantly, I pass the following order.

ORDER

I) The application is allowed.

II) The applicant no.1 Sheikh Nadim Sheikh Rahim, applicant no.2 Sayyad Nasir Sayyad Afsar and applicant no.3 Abdul Samad Abdul Munaf be released on bail in Crime No.1209/2017, registered with P.S.Ramnagar, Chandrapur, for the offence punishable under Sections 65(a) and 83 of the Maharashtra Prohibition Act and under Section 188 of the Indian Penal Code on they executing P.B. of Rs. 25000/- by each of them with one solvent surety in the like amount by each of them.

III) The applicants are directed to attend P.S.Ramnagar, Chandrapur twice in a month i.e. 2nd Saturday and 4th Sunday of every month in between 3.00 p.m to 5.00 p.m. till the filing of the chargesheet.

IV) After filing of the chargesheet the applicants are directed to attend P.S.Ramnagar, Chandrapur once in a month i.e. last Sunday of every month in between 3.00 p.m. to 5.00 p.m. till the culmination of the trial.

With this application is disposed of.

JUDGE Kitey