Single judge dismissed this anticipatory bail application. The court rejected the application after learning of the applicant's prior offenses in 2006 and 2009 relating to seizure of chemicals for illicit liquor, finding it lacked merit.
Application for anticipatory bail dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CR.APL NO.556/2011
1
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
3. APPLN/556/2011 DNYANESHWAR DAYARAM LONARI [Criminal]
V/S THE STATE OF MAHARASHTRA AND ANR
Office notes, office Memoranda of Court’s or
Coram,appearances, Court’s orders Judge’s
or directions and Registrar’s orders Orders
Mr. K.C.Sant, Adv., for the
applicant.
Mr.K.M.Suryavanshi, A.P.P. for
State.
...
CORAM: K.U.CHANDIWAL, J.
DATE:28/3/2011
1.Heard. Based on statement of
LaxmanEknathPatil,the
accused/applicant is arrayed in
Crime No.8/2011. Counsel submits,
he has no role in said Patil
possessing Navsagar, a component in
manufacture of illicit liquor.
2.Mr.Sant submits, the earlier
offense of seizure of chemical with
jaggary, was relating to his brother
who was taken in custody and,
consequently, applicant moved for
release of the said jaggary. No
offense was registered against the
accused/applicant.
2 CR.APL NO.556/2011
3.Learned A.P.P. from the Police
record informs, apart from the above
referred offenses, there were two
earlier identical offenses against
the accused/applicant; one is of
2006 and another is of 2009.
Taking these aspects into
consideration, exercise of powers
under Section 438 Cr.P.C. not
desired. Application lacks merit,
dismissed.
(K.U.CHANDIWAL)
JUDGE
...
AGP/556-11crapl
2 issues framed by the court
Whether the exercise of powers under Section 438 Cr.P.C. (anticipatory bail) is desirable for the applicant given prior offenses.
Whether the applicant has any role in the possession of components for illicit liquor manufacturing.
1 provisions across 1 enactments
DNYANESHWAR DAYARAM LONARI
THE STATE OF MAHARASHTRA AND ANR
K.U.CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court