(1.) Applicant original accused has preferred this application under section 439 of the Code of Criminal Procedure in connection with First Information Report being C.R.No.III 41 of 2017 registered with Jesawada police station for the offences punishable under sections 65 E, 81 of the Bombay Prohibition Act.
(2.) It is the case of the prosecution that on receiving tip off, a raid was carried out in the godown. Two of the accused Shanubhai Madiyabhai Palas and Javsingbhai Kalabhai Mavi had fled from the place. Huge quantity of prohibited liquor had been found. The present applicant is alleged to have been one of the receivers of goods.
(3.) Mr.Pavin Gondaliya, learned advocate for the applicant has urged that chargesheet had already been laid and earlier application of Criminal Miscellaneous Application No. 23019 of 2017 had been withdrawn on the ground of pendency of investigation. He has urged that there is nothing on the record to involve the present applicant and, hence, seeking parity with those accused, who also have those antecedents, he has urged this Court to grant regular bail to him.