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MHNS010028892022
Order below Exh. 1 in Criminal Bail
Application No. 715/2022.
1.

This is an application for under section 439 of Cr.P.C. in C.R.

No. 193/2022 registered against applicant at Panchvati Police Station for
the offence punishable under section 65 (a) (e) of the Bombay Prohibition
Act.
2.

It is submitted by the accused that he has been falsely
implicated. He is a driver. He has no connection with the offence and has
been falsely implicated. Offences are not attracted against him as he was
merely a driver. He has not participated directly and indirectly in the
offence. He has no connection with the goods seized. He is ready to abide
by the terms and conditions. No recovery or discovery is to be made
against him. No purpose would be served to keep him behind the bar,
hence, prayed to allow the application.
3.

Say was called of the investigating officer. He has objected
this application on the count that, offence is serious in nature. Accused
has not cooperate with the investigation as accused did not tell from
where the goods was purchased and to whom it was to be sold. Hence,
prayed that application be rejected.
4.

Heard Ld. APP and Ld. Advocate for accused. It is seen from
the remand report that no ground has been made that they had to inquire
from where the goods was purchased and to whom it was to be sold.
Already recovery is made. Nothing remains to be investigated. It is seen
that liquor worth huge amount has been seized from the accused,
however, he has categorically contended that he is driver of the said
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seized vehicle.

In such circumstance, no purpose would be served in
keeping the accused behind bar.
5.

The offences levelled against the accused are triable by Ld.

JMFC. They are not punishable with death or life imprisonment.

Ample
opportunity was granted for conducting the investigation. No purpose will
be served to detain the accused further. Accused is resident of Nashik his
presence can be secured. Apprehension of the investigating officer can be
taken care by imposing condition. Accordingly, I proceed to pass following
order :­
ORDER
1.

The application is allowed.

2.

The applicant/accused Pandit Nana Mahapure involved in
C.R.No.193/2022 registered in Panchvati Police Station,
Nashik for the offence punishable under section 65 (a) (e) of the
Bombay Prohibition Act, be released on bail on his executing P.R.
and S.B. of Rs.20,000/­ (Rupees Twenty Thousand Only) with one
or more surety.

3.

The accused shall not commit similar type of offence.

4.

The accused shall mark his presence in Panchvati Police Station on
every Monday from 11.00 a.m. to 1.00 p.m. once in 15 days till
filing of the charge­sheet and to co­operate Investigating Officer.

5.

The accused shall not tamper with the prosecution evidence or
witnesses.

6.

The accused shall furnish address proof, photo identity
and mobile number of self and their two close relatives.

7.

In case of breach of the conditions, the respondent is at
liberty to apply for cancellation of bail.

Nashik.
Date : 10/06/2022.

Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.