Bombay High CourtABA/924/2018rejected

Ajay Bholanath Goswami v. The State Of Maharashtra Thr. P.S.O., P.S. Ramnagar,

2018-12-20Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

1 907aba924.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 924/2018 Ajay Bholanath Goswami.

v/s State of Maharashtra, thr. PSO P.S. Ramnagar, Chandrapur. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Manohar, counsel for the applicant. Shri H.R.Dhumale, APP for the non-applicant.

CORAM : M.G. GIRATKAR, J DATE : 20.12.2018.

Heard Shri A.S. Manohar, learned counsel for the applicant.

Learned counsel has submitted that on 03.11.2018, the applicant was in hospital at Nagpur. From perusal of the report, it is clear that the applicant unloaded the boxes of liquor near the Railway Station. He was transporting on his motorcycle. When police went to the spot he ran away from the spot leaving liquor and motorcycle. Since then he is absconding. Learned counsel has submitted that the false report is filed against him, because on that day he was at Nagpur. It is well settled that a plea of alibi is to be proved by the accused during evidence. At this stage, it is clear that that the applicant was seen on the spot of incident and he ran away therefrom, leaving liquor and motorcycle. Moreover, he is involved in such type of

2 907aba924.18 crimes which are registered against him. Thus, he cannot be said to be innocent person.

Hence, criminal application is rejected.

JUDGE rkn