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Bombay High CourtBA/1024/2017others disposed off

Mangesh Suresh Dhadboke (In Jail) v. State Of Maharashtra Thr. Pso Ps Guggus Dist. Chandrapur

2017-11-02Hon'Ble Shri Justice A.S. Chandurkar3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.1024 OF 2017 Mangesh Suresh Dhadboke, Bhanapeth Ward, Chandrapur -vsState of Maharashtra, Thr. PSO, PS Guggus, Dist. Chandrapur ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri M. N. Ali, Advocate for applicant.

Ms Geeta Tiwari, APP for non-applicant/State. CORAM : A.S.CHANDURKAR, J.

DATE : November 02, 2017 The applicant who has been arrested on 22/09/2017 in connection with Crime No.587/2017 registered with Police Station Guggus, Dist. Chandrapur for the offence punishable under Section 65(A) of the Maharashtra Prohibition Act, 1949 read with Section 188 of IPC seeks his release on bail. As per the First Information Report dated 22/09/2017 a vehicle bearing No.MH-34-M-9800 was searched in which it was found that there were 1200 bottles of country liquor which were being transported from Rajura to Chandrapur. The applicant who was driving the said vehicle was arrested. It is submitted on behalf of the applicant that the vehicle in question is owned by one J. S. Travels and the applicant was merely driving the same. The applicant is neither the owner of the said vehicle nor concerned with for the material seized. As the entire material has now been seized and the investigation is almost complete, further detention of the applicant is not

2/3 warranted. There are no criminal antecendents. The application is opposed by the learned Additional Public Prosecutor by relying upon the reply. It is submitted that the applicant was arrested while driving the vehicle in which about 1200 bottles of country liquor was found. His involvement in the said crime is therefore apparent. As the investigation is in progress, the applicant's release at this stage is not called for.

Perused the First Information Report as well as the reply. Investigation has revealed that the vehicle in question is registered in the name of J. S. Travels. The applicant is said to have been driving the said vehicle. Considering the fact that the entire contraband has now been seized and the investigation is almost complete, a case has been made out by the applicant for his release on bail. Hence the applicant who has been arrested in connection with Crime No.587/2017 registered with Police Station Guggus, Dist. Chandrapur for the offence punishable under Section 65(A) of the Maharashtra Prohibition Act, 1949 read with Section 188 of IPC is directed to be released on bail on furnishing PR Bond of Rs.20,000/- (Rupees Twenty Thousand) with one surety in the like amount.

The applicant shall attend the concerned police station on 20/11/2017 and thereafter as per the directions of the Investigating Officer.

The applicant shall not take any steps to influence the prosecution witnesses.

3/3 The observations made in this order are only for deciding this application which is allowed and disposed of. JUDGE Asmita