Bombay High CourtABA/710/2018allowed

Mayur S/O. Devkumar Bhaisare v. State Of Maharashtra Thr. P.S.O., P.S. Sindewahi

2018-10-12Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba710.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.710 OF 2018 (MAYUR DEVKUMAR BHAISARE...VS.. STATE OF MAH. THR. PSO PS SINDEWAHI, DIST. CHANDRAPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.K.Bhangde, Advocate for Applicant.

Shri M.K.Pathan, A.P.P. for Non-applicant/State. CORAM : Z.A.HAQ, J.

DATED : OCTOBER 12, 2018.

Heard.

Apprehending arrest in connection with Crime/ FIR No.346 of 2018, registered by the non-applicant for the offences punishable under Sections 65(e) of the Maharashtra Prohibition Act and Section 188 of the Indian Penal Code, the applicant seeks pre-arrest bail.

According to the Investigating Agency, the applicant was transporting country liquor worth Rs.8,35,200/- to Sindewahi, District : Chandrapur, where sale of liquor is prohibited, in the vehicle which was driven by the applicant at the time when he was stopped and checked. The application is opposed on the ground that the applicant is habitual offender and earlier four crimes for similar offences are registered against him.

Be that as it may, the stock of liquor and the vehicle carrying liquor is already seized by the Investigating Agency. The non-applicant has not been able to point out that custodial interrogation of the applicant is necessary.

2 aba710.18 In the facts of the case, following order is passed: In the event of arrest in connection with Crime No.346 of 2018, registered by the non-applicant, the applicant be released on bail on furnishing cash security of Rs.One Lakh and two solvent sureties for Rs.Fifty Thousand each.

The cash security shall be furnished by the applicant within ten days. The said cash security 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 applicant shall attend Police Station, Sindewahi, District : Chandrapur on every Tuesday and Thursday between 11.00 a.m. and 3.00 p.m. from 16th October, 2018 till chargesheet is filed.

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