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Bombay High CourtBA/851/2016allowed

Jabez S/O. Ramesh Dhobaley (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Ram Nagar Chandrapur

2016-10-21Hon'Ble Shri Justice Sunil B. Shukre2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (BA) No. 851 of 2016 Jabez v. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Y. V. Nayyar, Advocate for applicant Shri S. D. Sirpurkar, APP for respondent-State Coram : S. B. Shukre, J Dated : October 21, 2016 Heard learned counsel for the applicant and learned Additional Public Prosecutor for respondent-State. Perused the case diary.

Applicant is in jail since 8.9.2016 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 illicit liquor has already been seized. Custodial interrogation of the applicant is no more required, which cannot be now carried out. There are no criminal antecedents to the credit of the applicant. Liquor in question admittedly did not belong to him. Therefore, application deserves to be allowed.

Application is allowed and it is directed that the applicant be released on bail in Crime No. 1023/2016 registered with Police Station, Ram Nagar, Chandrapur for the offences punishable under Sections 65 (E) and 83 of the Maharashtra Prohibition Act read with Section 188 of the Indian Penal Code on his furnishing PR Bond of Rs. 20,000/- together with one solvent surety in the like sum, on the following conditions:

I.

Applicant shall regularly attend the Court

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II.

Applicant shall cooperate the trial Court for expeditious disposal of the case.

III.

Applicant shall not tamper with the prosecution evidence in any manner.

Application stands disposed of accordingly.

JUDGE joshi