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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.2748 OF 2006

Shankar Bajirao Kudale

.. Applicant

Versus

State of Maharashtra

.. Respondent

Mr.S.S.Kulkarni

for

applicant

Mr.S.Hingorani, A.P.P. for State.

CORAM : S.C.DHARMADHIKARI, J.

DATE : 16th August 2006

P.C.

.

Heard Mr.Kulkarni for applicant and

learned A.P.P. for prosecution. Perused

annexures to the application as also copy of

Chemical Analysis report which was sought for by

the learned A.P.P. on the last occasion.

2.

It is not disputed before me that the

other accused are on regular bail and enlarged so

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by the learned Magistrate.

3.

The offences alleged in this case are

punishable under section 328 of I.P.C. and 65(f)

of Bombay Prohibition Act, 1949. It appears from

the record that other persons arrested including

the truck driver have been enlarged on bail.

Since the allegation is that the consignment was

delivered at the instance of the present

applicant, learned A.P.P. sought time to produce

C.A. report. Copy of report discloses that no

Ethyl Alcohol is detected in samples 1 to 4.

4.

In the view of the trial learned Judge

deciding the anticipatory bail application, the

ingrediants of section 328 of I.P.C. are not

made out. However, he was of the opinion then

that section 65(f) of Bombay Prohibition Act

would be attracted and for that purpose the above

exercise was permitted to be carried out by this

Court.

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5.

In my view, the entire consignment having

been siezed together with relevant documents and

other accused having been enlarged on bail, so

also, the applicant being a permanent resident of

village Yavat and carrying on business of grocery

shop there, this is a fit case for enlarging him

on bail in the event of his arrest in the subject

offence. Mr.Kulkarni upon taking instructions

has made a statement that the applicant is not in

the business of manufacture and sale of liquor

and his only business is grocery shop along with

agricultural operations in the village.

6.

In these circumstances and when the

applicant is willing to cooperate with the

investigation, this is a fit case where the

anticipatory bail application of the applicant

deserves to be granted. Accordingly following

order:-

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i)

In the event of the arrest of the

applicant in connection with 128 of 2006

registered with Yavat Police Station, the

applicant shall be enlarged on bail in

the sum of Rs.20,000/- with one or two

local sureties in the like amount.

ii)

The bail is granted subject to

condition that the applicant will attend

the Yavat police station once a week

during 1.00 p.m.and 3.00 p.m.

iii)

Bail is granted subject to

condition that the applicant shall not,

directly or indirectly, make any

inducement, threat or promise to any

person acquainted with the facts of

accusation against him so as to dissuade

him from disclosing such facts to the

Court or to the police officer/

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investigating agency. The applicant

shall not tamper with the prosecution

evidence.

iv)

Any observation made in this

order shall not be construed as any

finding or any expression of opinion on

the merits of the case at the time of

trial

v)

This order will enure to the

benefit of the applicant only till charge

sheet is filed. Thereafter, he will be

free to apply to the appropriate court

for appropriate relief.

vi)

Application is disposed of in

above terms.

vii)

The parties to act upon an

authenticated copy of this order.

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(S.C.DHARMADHIKARI, J)