Allowed

Dhanraj Reshmya Pawara v. the State of Maharashtra and Another

Bombay HC5 Jun 2023ABA/456/2023

Case brief

AI extract

What is this about?

The High Court at Aurangabad allowed an anticipatory bail application filed by Dhanraj Reshmya Pawara facing charges for manufacturing and supplying illicit liquor, noting lack of independent evidence against him and the admissibility issues surrounding the co-accused's statement.

What did the court decide?

The applicant was released on bail upon furnishing a Rs. 15,000 bond with a solvent surety, directed to attend the police station weekly and not interfere with witnesses or evidence.

Dhanraj Reshmya Pawara Vs the State of Maharashtra and… — Anticipatory Bail | Bombay HC (2023)

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20-ABA-456-2023.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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ANTICIPATORY BAIL APPLICATION NO.456 OF 2023

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DHANRAJ RESHMYA PAWARA

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VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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...

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Advocate for Applicant : Mr. C. C. Deshpande
APP for Respondents - State: Mrs. G. L. Deshpande

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...

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CORAM:R.M. JOSHI, J
DATE:JUNE 05, 2023

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PER COURT :

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1.Applicant is apprehending arrest in connection
with Crime No. 421 of 2021 registered with Nandurbar

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City Police Station, Nandurbar for the offences
punishable under Sections 328, 268, 269, 290, 188 read
with Section 34 of the IPC, Section 65(a), 65(e) of
Maharashtra Prohibition Act and Section 3 and of
Epidemic Diseases Act, 1897.

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2.On 11th May, 2021 police received secret

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information about the preparation of illicit liquor.
Accordingly, said place situated in the house of
Shailesh Choudhari was raided and illicit liquor was
seized from the spot. Present applicant was not present

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Page 1 of 4

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20-ABA-456-2023.odt

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at the spot, however, co-accused has named him to be
the supplier of the spirit for preparation of the
illicit liquor.

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3.Learned Counsel for the Applicant states that
except his name in FIR, there is no evidence to connect
him with the crime.

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4.Learned APP opposed the said contentions with
the submissions that there is no reason for the police
to falsely implicate the applicant in the crime. It is
also submitted that since the accused is absconding for
last more than two years, he does not deserve
anticipatory bail.

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5.Perusal of the police papers do not indicate
any evidence to connect present applicant with the
crime in question. Needless to record that statement of
the co-accused made in presence of police cannot become
admissible in evidence. Barring this so called

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statement of the co-accused, there is no evidence in
order to show the involvement of the present applicant
in the crime. As far as the alleged abscondence of the

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Page 2 of 4

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20-ABA-456-2023.odt

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applicant is concerned, perusal of the police paper do
not show that after May, 2021 attempts were made to
secure custody of the applicant.

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6.In view of the above, application deserves to
be allowed. Hence, the order:

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ORDER

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(i) In the event of arrest the Applicant - Dhanraj Reshmya Pawara in connection with Crime No. 421 of 2021 registered with Nandurbar City Police Station, Nandurbar for the offences punishable under Sections 328, 268, 269, 290, 188 read with Section 34 of the IPC, Section 65(a), 65(e) of Maharashtra Prohibition Act and Section 3 and of Epidemic Diseases Act, 1897, he shall be released on bail on furnishing PR bond of Rs. 15,000 (Rupees Fifteen Thousand Only) with one solvent surety in the like amount.

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(ii) He shall attend the concerned police station once in a week.

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(iii)He shall not contact the prosecution witnesses directly or indirectly.

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(iv) He shall not interfere with the evidence in any manner whatsoever.

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Page 3 of 4

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20-ABA-456-2023.odt

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(v) He is further directed to cooperate the investigating agency for further investigation. (R.M. JOSHI, J.)

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Malani

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Page 4 of 4

Dhanraj Reshmya Pawara v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Dhanraj Reshmya Pawara v. the State of Maharashtra and Another

Case brief

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What did the court decide?

What the court decided

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