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Bombay High CourtABA/726/2018allowed

Nakul S/O. Sudhir Selokar v. State Of Maharashtra Thr. Its P.S.O., P.S. Nagbhid

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

1 aba726.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.726/2018 Nakul S/o Sudhir Selokar ..Vs..

State of Maharashtra, through its Police Station Officer, Police Station Nagbhid, Distt. Chandrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sumedh Kadam, Advocate h/f Shri R.R. Vyas, Advocate for the applicant.

Shri M.K. Pathan, A.P.P. for the non-applicant. CORAM : Z.A. HAQ, J.

DATE : 12.10.2018.

Heard.

Apprehending arrest in connection with Crime No.379/2018 registered by the non-applicant against seven accused (including the applicant) for the offence punishable under Sections 65(a) and 83 of the Maharashtra Prohibition Act and Section 188 of the Indian Penal Code, the applicant seeks pre-arrest bail. Application is opposed on the ground that the applicant is a habitual offender and earlier Crime Nos.530/2017, 1222/2017 and 494/2018 for similar offences are registered against him.

The learned Advocate for the applicant has submitted that the applicant has suffered heart attack and he is hospitalized in Platina Heart Hospital. The stock of liquor and the vehicle in which it was being transported is seized. The non-applicant has not been able to point out that custodial interrogation of

2 aba726.18 applicant is required.

Considering the facts of the case and nature of accusations, followed order is passed:

In the event of arrest in connection with Crime No.379/2018 registered by the non-applicant, the applicant be released on bail on furnishing cash security of Rs.1,00,000/- (One Lakh) and two solvent sureties for Rs.20,000/- (Twenty Thousand) each.

The applicant shall furnish cash security within one week.

This order shall cease to operate from 20th October, 2018 if the applicant fails to furnish the cash security.

The cash security, which would be deposited by the applicant, be treated as muddemal property and appropriate orders regarding its disposal / disbursement shall be passed by the trial Court at the conclusion of the trial.

The application is allowed accordingly.

JUDGE Tambaskar.