Bombay High Court
Shashichandra Dhruvnarayan Jaiswal vs State Of Mah. Through Its P.S.O., P.S. ... on 4 July, 2019
Author: Manish Pitale
Bench: Manish Pitale
aba304.19.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRI. APPLN. (ABA) NO. 304 OF 2019
Shashichandra Dhruvnarayan Jaiswal
-Vs.-
State of Mah., thr.PSO, PS Pauni, Tah.Pauni, Distt. Bhandara
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.R.R.Vyas, Advocate for the applicant.
Mr.V.P.Maldhure, APP for the non-applicant.
CORAM : MANISH PITALE, J.
DATE : 04.07.2019.
The applicant herein has approached this Court apprehending arrest in respect of FIR dated 18/04/2019, whereby offence punishable under sections 65(3), 82(1)(2) and 83(a)(b) of the Maharashtra Prohibition Act, 1949, have been registered against him and two other co-accused persons.
2. The allegation against the applicant is that the co-accused persons were loading boxes of liquor in front of his godown for transportation to an area where there is prohibition. The incident is alleged to have taken place at about 5.15 in the morning. The liquor has been seized and when notice was issued on this application on 25/05/2019, this Court granted interim protection to the applicant. Thereafter, when a specific statement was made in KHUNTE ::: Uploaded on - 05/07/2019 ::: Downloaded on - 06/07/2019 02:36:03 ::: aba304.19.odt 2/2 the reply filed on behalf of the non-applicant that the applicant was not cooperating with the investigation, by order dated 19/06/2019, a specific direction was given by this Court to the applicant to appear before the Investigating Officer at Police Station Pauni on 21/06/2019 at 10.00 am. The applicant indeed appeared before the Investigating Officer.
3. In the present case, since interim protection was granted to the applicant and he appears to be cooperating with the investigation, this Court is of the opinion that the present application can be allowed. Accordingly, the application is allowed and the applicant is granted anticipatory bail on the conditions on which he was granted interim protection by order dated 22/05/2019. The applicant shall make himself available as and when required by the Investigating Officer. The applicant shall cooperate with the investigation and if it is found that the applicant has indulged in any activity similar to the activity leading to registration of FIR against him in the present case, the protection granted by this Court shall stand withdrawn. The application is allowed in the above terms.
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