Shri. Dhanraj S/O. Maroti Nimgade v. State Of Maharashtra Thr. P.S.O. Of Police Station Kothari Dist. Chandrapur

0601aba828.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.828 OF 2016 (Shri Dhanraj s/o Maroti Nimgade 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 S.O. Ahmed, Advocate for applicant.

Shri C.A. Lokhande, Additional Public Prosecutor for respondent.

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

DATED : JANUARY 06, 2017 Heard learned Counsel for both sides.

This is an application for anticipatory bail by accused involved in Crime No.115/2016 registered for the offences punishable under Sections 65(a) and (e) and 83 of Maharashtra Prohibition Act and Section 188 of Indian Penal Code.

Shri Ahmed, learned Counsel for applicant, submits that applicant's name is not mentioned in the first information report, but he is apprehending arrest on the basis of statement of co-accused, who is alleged to be supplier of seized quantity of contraband liquor. It is submitted that by interim order dated 16/12/2016 applicant was directed to attend Investigating Officer and he has complied with the said order and as such, application may be allowed.

Shri Lokhande, learned Additional Public Prosecutor for respondent, has opposed the application on the ground that applicant is involved in similar offences under Maharashtra Prohibition Act committed

0601aba828.16 2/2 within Chandrapur District and has been released on bail recently by learned Sessions Court in Crime No. 277/2016 registered by Gondpipri Police Station. As per prosecution, apart from offence punishable under Section 354 of Indian Penal Code, three offences are registered against applicant under the Maharashtra Prohibition Act.

Having considered the facts as aforesaid, application is liable to be allowed by imposing conditions as per order below :

Interim protection granted to applicant by order dated 16/12/2016 stands confirmed with further direction to applicant to attend Investigating Officer, if called, till filing of charge-sheet. Applicant shall not enter territorial limits of Chandrapur District except for attending the Court cases, which are pending against him, till filing of charge-sheet. In the event applicant is found involved in similar offences, he will not be entitled for grant of bail. The criminal application is disposed of accordingly.

JUDGE khj