8-AB-547-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 547 OF 2021

1. Sawant Khema Rathod

2. Nura Bhima Pawar

.... Applicants

Versus

The State of Maharashtra

.... Respondent

______

Mr. Ramdas Hake Patil, for the applicant.

Mr. Ajay Patil, APP for the State/Respondent.

______

CORAM:SARANG V. KOTWAL, J.

DATE

:26^th FEBRUARY 2021

P.C. :

1.

The applicant is seeking anticipatory bail in

connection with C.R. No. 679 of 2020 registered at

Solapur Police Station, under section 328 of the Indian

Penal Code and under section 65(f) of the Maharashtra

Prohibition Act, 1949.

2.

The FIR is lodged by police constable Laxman

Hemade. He has stated in the FIR that police party

received a secret information that both the applicants

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were manufacturing illicit liquor in their agricultural land.

Therefore police called two panchas. The police party

and panchas went to Shivavasti. They saw that one

person was involved in process of making illicit liquor. On

seeing the police, he ran away from the spot. The police

seized 4600 liters of chemicals and other articles.

Samples were drawn and illicit liquor was destroyed.

Then the police proceeded to the agricultural land of the

applicant Nura Pawar. There also one person was

involved in making illicit liquor. He also ran away from

there. Police found 2400 liters of illicit liquor and other

articles. Again samples were drawn and liquor was

destroyed. On this basis the FIR is lodged.

3.

Heard Mr. Ramdas Hake Patil, learned Counsel

for the applicant and Mr. Ajay Patil, learned APP for the

State.

4.

Shri Hake Patil submitted that ofence under

section 328 of the Indian Penal Code is not made out and

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therefore applicants cannot be arrested.

5.

The learned APP opposed this application and

relied on the statements in the FIR.

6.

I have considered these submissions. Since

ofence under section 65(f) of Maharashtra Prohibition

Act, is alleged, the ofence is non bailable. There is

sufficient material in the FIR itself against the present

applicants. The persons who were actually involved in

preparing liquor ran away from the spot. In these

background, custodial interrogation of both the applicants

is necessary. Ofence is serious. It can cause serious

harm to the persons consuming illicit liquor. Therefore,

no leniency can be shown. There is no merit in the

application .

7.

The application is rejected.

(SARANG V. KOTWAL, J.)

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