Bombay High Court
Abdul Basit S/O Abdul Bari vs State Of Mah. Thr. Pso Sakoli City, Tah. ... on 24 November, 2021
Author: Vinay Joshi
Bench: V. G. Joshi
1 5aba794.21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (ABA) NO. 794/2021
(Abdul Basit S/o Abdul Bari Vs. State of Maharashtra)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri S. K. Bawariya, Advocate for applicant
Shri S. M. Ghodeswar, APP for non-applicant/State.
CORAM : VINAY JOSHI, J.
DATED : 24.11.2021.
Heard
2. In anticipation of arrest in Crime No. 506/2021 registered with the Police Station Sakoli, District Bhandara for offence punishable under Sections 188, 272, 273, 328 read with Section 34 of the India Penal Code, the applicant is praying for pre-arrest protection.
3. Learned counsel for the applicant also seeks for interim protection.
4. It is is prosecution case that on receipt of secret information, the Police have accosted a Truck carrying banned articles namely 'gutka' pouches worth Rs. 2,19,600/-. After taking the search, the Police seized the contraband material as well as vehicle i.e. Truck carrying goods. Co-accused Shami Sayyad was driving the Truck whilst another co-accused Abddul Shami Sheikh was also taking goods by Truck and delivered the good to co- accused Ganesh. The applicant being the owner of Truck ::: Uploaded on - 24/11/2021 ::: Downloaded on - 25/11/2021 08:07:28 ::: 2 5aba794.21 has also been arrayed as an accused.
5. Learned counsel for the applicant would submit that neither the applicant was found in possession of seized material nor he was present at the relevant time. It is stated that the Truck though owned by him, was looked after his son who was found on the spot. At this juncture, from perusal of impugned order, no additional material emerges. The matter requires consideration on perusal of papers. Till then, the applicant's liberty can be protected. Hence following order:-
(I) Issue notice to the non-applicant returnable after three weeks. Learned APP waives service of notice for non-
applicant/State.
(II) In the event of arrest of applicant - Abdul Basit S/o Abdul Bari, he be released on interim bail on his furnishing P.R. Bond of Rs. 25,000/- with one surety in the like amount.
(III) The applicant shall attend concerned Police Station on every Saturday and Monday in between 11.00 a.m. to 02.00 p.m. till further orders.
(IV) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence.
JUDGE Gohane ::: Uploaded on - 24/11/2021 ::: Downloaded on - 25/11/2021 08:07:28 :::