Shrvankumar S/O Vijaykumar Jayswal @ Jaiswal v. The State Of Maharashtra., Thr. State Excise Dept., Flying Squad, Chandrapur

aba595.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.595/2025 (Shrvankumar S/o Vijaykumar Jaysval @ Jaiswal Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.M. Daga Advocate for the applicant.

Mr. V.A. Thakare, A.P.P. for the non-applicant/State. CORAM: MRS.VRUSHALI V. JOSHI, J.

DATED: 4.9.2025.

Apprehending the arrest in Crime No.195/2025 registered at State Excise Department, Chandrapur for the offence punishable under Sections 65(b)(e)(d) and (f), 80, 81, 83, 90 and 103 of the Maharashtra Prohibition Act and under Section 123 of the Bhartiya Nyaya Sanhita the applicant has filed this application for pre-arrest bail.

2.

The prosecution case, in brief, is as under:- On receiving information, the raid was conducted and country liquor, foreign liquor and other types of liquor worth Rs.1,30,000/- were seized from the house of the co-accused Pawan Jaiswal. During the interrogation with the said arrested accused, the name of the present applicant is revealed and, therefore, the applicant is arraigned as an accused.

3.

The applicant was granted ad interim protection by this Court 12.8.2025. The condition was imposed to attend the Police Station and to co-operate with the police machinery.

aba595.2025.odt 4.

The learned Advocate for the applicant has filed on record copies of the register of attendance of the applicant in the police station.

5.

Mr. Thakare, learned A.P.P. opposed the application stating that the custody of the present applicant is necessary to recover bottling machinery, spirit, bottle packaging material, anti-counterfeit labels and to identify other associates involved in this illegal trade. He has stated that the involvement of the applicant is also captured in CCTV Footage. The learned A.P.P. has pointed that the Investigation Officer has given the report that though the applicant has attended the police station, he has not co-operated in the investigation. Hence, he has prayed to reject the application.

6.

Heard both sides and perused the record.

7.

Considering the allegations made against the main accused, who is released on bail, and the fact that the name of this applicant is stated by the said accused, the investigation is almost complete and considering the role played by this applicant, the case is made out to confirm the interim protection granted to the applicant. Hence, the application is allowed on same terms and conditions with a rider that the applicant shall attend the concerned police station till the filing of charge-sheet and shall co-operate with the investigation machinery for further investigation.

(MRS. VRUSHALI V. JOSHI, J.) Tambaskar.