Bombay High CourtBA/1125/2016allowed

Umesh S/O. Raj Swami (In Jail) v. The State Of Maharashtra Thr. The Police Station Officer, Police Station Ramnagar, Chandrapur

2017-06-09Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba1125.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 1125 OF 2016 (UMESH RAJ SWAMI...VS.. STATE OF MAH. THR. P.S.O. PS RAMNAGAR, DIST. CHANDRAPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for the Applicant.

Shri A. M. Deshpande, A.P.P. for Non-applicant. CORAM : Z.A.HAQ, J.

DATED : JUNE 09, 2017.

Heard Shri. A. M. Deshpande, learned A. P. P. for the non-applicant.

Applicant is arrested on 15th November, 2016 in crime registered against him and two others for the offences punishable under sections 65(a) and 82 of the Maharashtra Prohibition Act and Section 188 of the Indian Penal Code. According to the Investigating Agency, the accused was driving the vehicle which was stopped on Chandrapur-Ballarshah bye-pass and liquor worth Rs.4,28,800/- was seized from the vehicle. According to the Investigating Agency, sale of liquor in Chandrapur District is banned and inspite of it the applicant alongwith co-accused was transporting the liquor to the area where sale of liquor is prohibited.

The charge-sheet is filed on 13.01.2017. Investigating Agency has not been able to show that custody of the applicant is required for further investigation.

2 ba1125.16 Considering the facts of the case, I am of the view that the non-applicant should be directed to release the applicant on bail, however, on imposing some stringent conditions :

The applicant, having been arrested in Crime No. 1252 of 2016, registered by the non-applicant, he be released on bail on furnishing cash security of Rs.50,000/- and one solvent surety in the like amount.

The cash security shall be furnished before the Court of Learned Magistrate where the charge-sheet is filed. The application is allowed in the above terms. JUDGE PB Patil.