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9- A.B.A. N. 806-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO. 806 OF 2021

AND

ANTICIPATORY BAIL APPLICATION NO. 823 OF 2021

AND

ANTICIPATORY BAIL APPLICATION NO. 824 OF 2021

AND

ANTICIPATORY BAIL APPLICATION NO. 807 OF 2021

Shankar S/o Paraji Lunge,

Age : 50 Years, Occ. Labour,

R/o. Anandi Swami Galli, Gauri Mohalla,

Old Jalna

..Applicant

Versus

The State of Maharashtra

..Respondent

…

Advocate for the Applicant : Mr. R.V. Gore and Mr. C.V. Bodhkhe

Additional Public Prosecutor for the State : Mr. S. B. Narwade.

….

CORAM :SANDEEP K. SHINDE, J.

DATE : 02.08.2021

PER COURT :-

Heard learned counsel for the applicant and learned

A.P.P. for the State.

2.

Apprehending the arrest in Crime No. 312 of 2021,

Crime No. 313 of 2021, Crime No. 314 of 2021 and Crime No.

315 of 2021, registered with Kadim Jalna Police Station,

District Jalna for the ofences punishable under Section 12(A)

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9- A.B.A. N. 806-2021.odt

of the Maharashtra Prevention of Gambling Act, 1887 and

under Sections, 3,4 (h) 7(1) (4)(c) of the Lotteries

(Regulation) Act, 1998, applicants are seeking pre-arrest bail.

3.

The provision of Section 3 of the Maharashtra

Prevention of Gambling Act, defnes ‘gaming’ which includes

wagering or betting except wagering or betting upon ( a

horse-race, or dog race) but does not include a lottery.

(emphasis supplied).

4.

Section 12 of the Maharashtra Prevention of Gambling

Act, empowers the police ofcer to arrest the person without

warrant and on conviction of such person may be punished

both with fne which may extend to three hundred rupees and

with imprisonment which may extend to (three months).

Thus, the ofence punishable under Section 12 of the

Maharashtra Prevention of Gambling Act is bailable.

5.

Herein the subject ofence has been registered under

the Maharashtra Prevention of Gambling Act, and Section 7

of the Lotteries (Regulation) Act, 1998; sub-section 3 of

Section 7 of the Lotteries Regulation Act, 1998 reads as under

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9- A.B.A. N. 806-2021.odt

:-

‘’(3) If any person acts as an agent or promoter or trader

in any lottery organised, conducted or promoted in

contravention of the provisions of this Act or sells,

distributes or purchases the ticket of such lottery, he

shall be punishable with rigorous imprisonment for a

term which may extend to two years or with fne or with

both. ‘’

In the context of the provisions of both the Acts it may

be stated that ‘gaming’ as defned under the Prevention of

Gambling Act, exclude the ‘lottery’. Thus, to be stated the

allegations would either, constitute the ofence under the

Gambling Act or the Lotteries Regulation Act, 1998. Yet, in

this case, the ofence is registered under both the Acts which

may not permissible. In the circumstances, learned A.P.P.

seeks time to verify the allegations and make the submission

on this aspect on next date.

6.

Stand over to 10^th August, 2021.

7.

Till the next date, the State shall not arrest the

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9- A.B.A. N. 806-2021.odt

applicant. However, he shall join the investigation as and

when called and desist himself from indulging the similar

acts.

08.

Stand over to 10^th

August, 2021, for further

consideration.

( SANDEEP K. SHINDE )

JUDGE

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