{1}

ABA 806.21 W 823.21, 824.21, 807.21.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO. 806 OF 2021

WITH

ANTICIPATORY BAIL APPLICATION NO. 807 OF 2021

ANTICIPATORY BAIL APPLICATION NO. 823 OF 2021

ANTICIPATORY BAIL APPLICATION NO. 824 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

Mr. R.V. Gore, Advocate for the applicant.

Mr. S.B. Narwade, APP for the respondent.

CORAM : V.G. BISHT, J.

DATE OF RESERVING ORDER : 10^th August.2021.

DATE OF PRONOUNCING ORDER : 25^th August, 2021.

PER COURT:

1]

These are applications under Section 438 of Cr.P.C. preferred

by the same applicant seeking grant of pre-arrest bail in connection with

Crime Nos.312/2021, 313/2021, 314/2021 and 315/2021 registered

with Kadim Jalna Police Station, Tq. and Dist. Jalna for the offences

punishable under Sections 12(A) of the Maharashtra Prevention of

Gambling Act, 1887 (hereinafter “the Gambling Act” for brevity) and

under Sections 3, 4(h), 7(1), 4(c) of the Lotteries (Regulation) Act, 1998

(hereinafter “the Lotteries Act”, for sake of brevity).

{2}

ABA 806.21 W 823.21, 824.21, 807.21.odt

2]

Police Constable Rameshwar Trymbak Raut, who, at the

relevant time was posted at Police Station, Kadim Jalna, on 28.6.2021

received information from informant that a person, by taking monies

from the public at a public place, is indulging in gambling by name –

Kalyan Matka. Accordingly, he and other staff members raided the place

and found accused Pandurang Vishnu Padol playing gaming by name

Kalyan Matka and was also found giving chits to the public having

numbers in respect of the said gaming. When enquired, the said accused

revealed that he is indulging in Kalyan Matka at the instance of Shankar

Paraji Lunge, i.e. present applicant. Accordingly, offence came to be

registered against both of them.

3]

Mr. Gore, learned counsel for the applicant, vehemently

submitted that perusal of the FIR would make it very much clear that

Sections 3, 4(c) and (h) of the Lotteries Act cannot be made applicable to

the case in hand. According to learned counsel, at the most, Section 12

of the Gambling Act may be attracted, which is a bailable offence.

Moreover, according to learned counsel, as everything has already been

seized on the spot, custody of the applicant is not necessary.

4]

Mr. Narwade, learned APP, on the other hand, invited my

attention to the definition of “lottery” as given in the Lotteries Act, 1998

and would submit that since a printed booklet was seized on the spot, it

cannot be said that provisions of the Lotteries Act are not applicable.

Also, investigation is in progress and at this stage,it would be wrong to

say that only the provisions of Gambling Act are applicable and not that

of Lotteries Act. For all these reasons and considering the fact that total

26 offences have been registered against the applicant, the present

application needs to be rejected out-rightly, argued learned APP.

{3}

ABA 806.21 W 823.21, 824.21, 807.21.odt

5]

Section 3 of the Gambling Act defines the term “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). Section 12 of the Gambling Act empowers a Police Officer to

arrest without warrant and any person so arrest shall, on conviction,

maybe punished both with fine, which may extend to Rs. 300/- and with

imprisonment which may extend to 3 months. Essentially, the offence

under Section 12 is bailable.

6]

Section 4 of the Lotteries Act, 199