Sanjay Pralhad Dhoke And Another v. State Of Maharashtra Thr. Pso Ps Padoli Dist. Chandrapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.689 OF 2017 ( Sanjay Pralhad Doke and another ..vs..State of Maharashtra, through PSO.PS.Padoli,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 M.N.Ali,Advocate for applicants.

Shri T.A.Mirza, A.P.P. for State-non-applicant. CORAM : V.M. DESHPANDE, J.

DATED :

SEPTEMBER 29, 2017 This is an application for pre-arrest bail.

2] Heard learned counsel for applicant and learned A.P.P.for State-non-applicant.

3] The applicants are apprehending their arrest in connection with Crime No.319/2017, registered with P.S.Padoli, District-Chandrapur, for the offence punishable under Sections 65(A),83 of the Maharashtra Prohibition Act,1949 and Section 188 of the Indian Penal Code.

4] The F.I.R. is lodged by Revchand Singanjude, a police officer. According to F.I.R. during the course of patrolling the police party through secret informant received information that liquor is being transported within the Chandrapur District which is a dry district. The said police party intercepted three vehicles and found huge quantity of liquor in those three vehicles. The drivers of the three vehicles were arrested on the

spot.

5] According to learned A.P.P. for the State the present applicants are owners of the two vehicle out of the three vehicles which were intercepted and which are seized. AS per the reply, on the part of the prosecution, custodial presence of the applicant is necessary for knowing the source from where they brought the liquor. 6] The investigating officer has already seized the liquor also the vehicles. The persons who were found in the vehicle are also arrested. As on today, it is not the prosecution case that liquor was transported at the behest of the present applicant though it was through the vehicles owned by them. The purpose for which the custodial presence is sought can be achieved by directing the applicants to attend the police station. Consequently, I pass the following order.

ORDER

I) Application is allowed.

II) In the event of arrest of applicant no.1 Sanjay Pralhad Doke and applicant no.2 Rahul Rameshwar Kanjar be released on bail in Crime No.319/2017, registered with P.S.Padoli,District-Chandrapur,for the offence punishable under Sections 65(A),83 of the Maharashtra Prohibition Act,1949 and Section 188 of the Indian Penal Code, on they

executing P.B. of Rs. 15000/- by each of them with two solvent sureties in the like amount by each of them .

III) The applicants shall attend P.S.Padoli, District-Chandrapur on 3/10/2017, 4/10/2017, 5/10/2017 and 6/10/2017 and shall be with the investigating officer from 11.00 a.m. to 5.00 p.m. and shall extend full cooperation to the investigating officer.

IV) If any of the applicant failed to attend the police station on the afoersaid specified dates it will be open for the investigating officer to file an application before this Court for cancellation of bail.

Application is disposed of.

JUDGE Kitey