Nilesh S/O. Mahadeo Choudhari v. The State Of Maharashtra Thr. Police Station Officer Rajura Tah. Rajura Chandrapur

1101aba796.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.796 OF 2016 (Nilesh s/o Mahadeo Choudhari vs. State of Maharashtra) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri V.R. Deshpande, Advocate h/f Shri S.V. Sirpurkar, Advocate for applicant.

Shri S. Sirpurkar, Additional Public Prosecutor for respondent.

--------- CORAM : P.N. DESHMUKH, J.

DATED : JANUARY 11, 2017 Heard learned Counsel for both sides.

Application is for grant of bail in Crime No.428/2016 under Section 65(e) and 83 of the Maharashtra Prohibition Act and Section 188 of Indian Penal Code.

It is the specific case of applicant that his motor cycle bearing No. MH 34 AZ 2166 was borrowed by his friend Arvind Pendane and on 31/8/2016 he was found having in his possession, three bottles of contraband liquor, which came to be seized.

Admittedly, involvement of applicant is only with regard to co-accused having been found in possession of contraband bottles using motor cycle owned by applicant.

Shri Sirpurkar, learned Additional Public Prosecutor though has contended that apart from present crime, there are three other offences registered against applicant under Maharashtra Prohibition Act, no chart

1101aba796.16 2/2 or other details of said crimes are stated in the affidavitin-reply. In that view of the matter and as contraband liquor consisting of three bottles of 180 ml each are already seized and involvement of applicant is only by way of his being owner of motor-cycle used by co-accused from whose possession said quantity of contraband liquor is seized, applicant is entitled for anticipatory bail as per order below :

Interim protection granted to applicant on 13/12/2016 stands confirmed on the same terms and conditions with further direction to applicant to attend Investigating Officer till filing of charge-sheet. The criminal application is accordingly allowed.

JUDGE khj