Muzeer S/O. Jindavali Sheikh v. The State Of Maharashtra, Thr. P.S.O. Ramnagar

1 aba607.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.607 OF 2018 (MUZEER JINDAVALI SHEIKH...VS.. STATE OF MAH. THR. PSO PS RAMNAGAR, CHANDRAPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Abhay Sambre, Advocate for Applicant.

Shri S.S.Doifode, A.P.P. for Non-applicant/State. CORAM : Z.A.HAQ, J.

DATED : OCTOBER 09, 2018.

Heard.

Apprehending arrest in connection with Crime No.630 of 2018 registered by the non-applicant for the offences punishable under Sections 65(e) and 83 of the Maharashtra Prohibition Act read with Section 188 of the Indian Penal Code, the applicant seeks pre-arrest bail. The applicant contends that he is falsely implicated and this is apparent on record from the variations in the reply filed by the Investigating Agency before the Sessions Court opposing bail application of the applicant and the reply filed to oppose the application filed by the coaccused Nikhil Randive. The accusations are that a huge stock of country liquor worth Rs.30,00,000/- was being transported to Chandrapur where sale of liquor is prohibited. According to the Investigating Agency, the stock of liquor belongs to the applicant and his partner Ankush Verma.

2 aba607.18 By order dated 21st August 2018 this Court has granted interim protection to the applicant imposing certain conditions including attendance at the Police Station. The Investigating Agency has not complained that the applicant has not co-operated in the investigation or has not complied with the conditions imposed by this Court. The Investigating Agency has not been able to show that custodial interrogation of the applicant is necessary.

Hence, the following order:

In the event of arrest in connection with Crime No. 630 of 2018, registered by the non-applicant, the applicant be released on bail on depositing cash security of Rs.One Lakh and furnishing one solvent surety for Rs.Fifty Thousand.

The cash security shall be furnished by the applicant within ten days.

The cash security, which would be furnished by the applicant, shall be treated as Muddemal. Order regarding its disbursal shall be passed by the trial Court at the time of disposal of the trial.

The application is allowed in the above terms. JUDGE RRaut..