Shankar Kishanchand Dadani (In Jail) v. State Of Maharashtra Thr. Pso Of Police Station Padoli Dist. Chandrapur

0501ba1136.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.1136 OF 2016 (Shankar Kishanchand Dadani vs. The 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 R.H. Rawlani, Advocate for applicant.

Shri N.H. Joshi, Additional Public Prosecutor for respondent.

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

DATED : JANUARY 05, 2017 This application is filed by accused for bail in Crime No. 303/2016 registered under Sections 65-A and 83 of Maharashtra Prohibition Act and Section 184 of Motor Vehicles Act.

Shri Rawlani, learned Counsel for applicant, has not disputed the fact of applicant being found present in Tavera vehicle, which was intercepted wherefrom liquor worth Rs.3,24,000/- was seized. It is, however, contended that applicant is in no way concerned with the seized liquor and same was transported by co-accused Vijay, who is also owner of the vehicle. It is submitted that applicant was merely in the company of co-accused and as such, he was arrested. Shri Joshi, learned Additional Public Prosecutor has opposed the application by contending that applicant is habitual in committing offences under Maharashtra Prohibition Act as apart from present crime, other cases are registered against applicant and are

0501ba1136.16 2/2 pending before competent Court at Wardha. It is, therefore, submitted that application be rejected as applicant would indulge into similar activities, if he is released on bail.

Admittedly, liquor was seized and co-accused involved in this crime are already released on bail by the learned Sessions Court. Applicant's application, however, appears to have been rejected in view of his possibility of indulging into similar offences at Wardha and Chandrapur Districts while on bail and also on the ground of pendency of similar cases against him. In that view of the matter, application is liable to be allowed by imposing suitable conditions upon applicant as per order below :

Applicant shall be released on bail on his executing a P.R. Bond in the sum of Rs.20,000/- with one surety in like amount. While on bail, applicant shall not enter into the territorial limits of Wardha and Chandrapur Districts except for attending Court cases and on such days, shall mark his presence with Samudrapur Police Station or Chandrapur Police Station. Applicant shall provide proof of his residential address to Investigating Officer and shall update the same. The criminal application is accordingly allowed. JUDGE khj