Omkar Borkar v. State Of Maharashtra And ANR.

1 18-aba-176-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 176 OF 2026 Akash @ Tinya S/o. Subhash Gawali Vs.

State of Maharashtra ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri T. P. Deshpande, Advocate for applicant. Shri C. A. Lokhande, APP for non-applicant/State. CORAM :- M. W. CHANDWANI, J.

DATED :- 07.03.2026 Heard.

2.

Issue notice to the non-applicant, returnable on 16.03.2026.

3.

The learned APP waives service of notice for the non-applicant/State.

4.

The applicant is apprehending arrest in connection with Crime No. 1831/2025 registered with Police Station, Hinganghat, Dist. Wardha for the offences punishable under Sections 65(e), 77(a), 83 of the Maharashtra Prohibition Act, 1949, Sections 130, 177, 181, 3(1) of the Motor Vehicles Act, 1988.

5.

The contention is that the contraband liquor is already seized from possession of accused no.1 after the raid was conducted. Only because the co-accused

2 18-aba-176-26.odt named the present applicant, he has been arrayed as an accused in this crime. Nothing is required to be seized from the applicant.

6.

Considering the nature of allegations and the role assigned to the present applicant, a detailed scrutiny of the case diary is required, which is not available with the Court for perusal at this juncture. Considering the submissions and the fact that the contraband liquor has already been seized, a case is made out for grant of adinterim protection to the applicant. i) Pending the application, in the event of arrest of applicant- Akash @ Tinya S/o. Subhash Gawali in connection with Crime No. 1831/2025 registered with Police Station, Hinganghat, Dist. Wardha for the offences punishable under Sections 65(e), 77(a), 83 of the Maharashtra Prohibition Act, 1949, Sections 130, 177, 181, 3(1) of the Motor Vehicles Act, 1988, he be released on bail on furnishing a PR bond of Rs.25,000/- with one solvent surety in the like amount.

ii) The applicant shall appear before Investigating Officer of the concerned Police Station on every Tuesday and Friday for two weeks between 10.00 am and 12.00 noon and shall co-operate in the investigation.

3 18-aba-176-26.odt (iii) The applicant shall not indulge in tampering with the prosecution evidence and shall not pressurize the prosecution witnesses in any manner.

(M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 07/03/2026 16:48:15