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Bombay High CourtABA/696/2016allowed

Sanjay S/O Chetuji Uikey v. State Of Maharashtra Thr. Excise Office Amravati

2016-11-29Hon'Ble Shri Justice P.N. Deshmukh2 pages

1 aba696.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 696 OF 2016 (Sanjay s/o Chetuji Uikey ..vs.. State of Maharashtra, through Excise Office, Amravati) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.P. Singhania, Advocate for the applicant, Shri A.M. Deshpande, Addl.P.P. for the non-applicant. CORAM : P.N. DESHMUKH, J.

DATED : 29-11-2016 Heard learned Counsel for both the parties.

2.

This is an application for grant of anticipatory bail by the accused involved in Crime No.58/2016 registered under Sections 65(e) and 108 Maharashtra Prohibition Act contending that he is poor labour having no criminal antecedent and he is falsely implicated in this case. Case of the prosecution is that based on the information received that some liquor is likely to be transported from Madhya Pradesh to village Chikhaldara, trap was laid and from one Mahindra Max vehicle contraband liquor came to be seized. Admittedly, neither the applicant was occupying said vehicle nor he was driver of the said vehicle. Involvement of the applicant appears to be only on the basis of parking of said Mahindra Max vehicle,, infront of his house wherein contraband liquor was stored and

2 aba696.16 ultimately seized.

3.

In that view of the matter and as the applicant was already protected by the interim bail before arrest and has attended the Investigating Officer, interim order passed is liable to be confirmed on same terms and conditions and as is further directed to attend the Investigating Officer, if called, till filing of the chargesheet. The criminal application is accordingly allowed in above terms.

JUDGE adgokar