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Bombay High CourtBA/857/2017others disposed off

Haridas @ Amit S/O. Laxman Gotpartiwar (In Jail) v. State Of Maharashtra Thr. Police Station Officer P.S. Gondpipari Dist. Chandrapur

2017-09-13Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 857 OF 2017 ( Haridas @ Amit S/o Laxman Gotpartiwar..vs..State of Maharashtra, through PSO.PS.Gondpipri,District-Chandrapur.) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri Giripunje, Advocate h/f Shri D.S.Shrimali, Advocate for applicant.

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

This is an application for regular bail.

The applicant is arrested by P.S.Gondpipari, District-Chandrapur on 13/8/2017 in connection with Crime No.412/2017, for the offence punishable under Sections 65(e) of the Maharashtra Prohibition Act. According to prosecution, investigating agency received a secret information that liquor is illegally stored in the house of one Vitthal Baburao Beladi by one Harmelsingh Dangi therefore the investigating officer alongwith police party had been to the house of Vitthal Baburao Beladi . They noticed that house was locked. In the presence of panchas the locks were broke open. During the search the liquor worth of Rs. 12,90,000/- was found to be stored. According to learned A.P.P. thereafter crime was registered against Vitthal Beladi and

Harmelsingh Dangi. Both of them are still to be apprehended.

According to the reply on behalf of the prosecution, the applicant was arrested on 13/8/2017. The application of bail is opposed by the learned A.P.P. on the ground that the applicant is having similar offences pending against him and the chargesheet is not filed. The applicant is in jail since 13/8/2017. In so far as the applicant is concerned the investigation is over. In that view of the matter, I am of the view that the applicant be released on bail, however on certain stringent conditions. Hence, order.

ORDER

I) The application is allowed.

II) The applicant Haridas @ Amit S/o Laxman Gotpartiwar be released on bail in Crime No.412/2017,registered with P.S.Gondpipari, District- Chandrapur for the offence punishable under Sections 65(e) of the Maharashtra Prohibition Act on he depositing cash security of Rs. 2,50,000/- with two solvent sureties.

The applicant shall give two solvent sureties of those persons who does not have any criminal record.

III) The applicant shall attend P.S.Gondpipari, District-Chandrapur daily in between 3.00 p.m to 5.00 p.m. till filing of the chargesheet.

IV) The applicant to maintain diary showing his presence.

V) In default to attend police station shall entail the cancellation of this bail and forfeiture of cash security amount.

With this application is disposed of.

JUDGE Kitey