R H KHATRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) I have heard Mr. A. P. Mundargi for the applicant and Mr. I. S. Thakur learned APP for the State. I have also perused the order dt. 8-12-95 passed by the Additional Sessions Judge, Greater Bombay refusing anticipatory bail to the applicant.

(2.) THIS is an application for anticipatory bail in a case u/ss. 4 and 5 of the Prevention of Gambling Act, and Section 25 of the Indian Telegraphs Act. The facts in brief giving rise to this application are as under :-On 5-12-1995, at about 11. 45 p. m. an intimation was received by the Kalachowky police station that matka gambling is in operation at the house of one Sundergi Gangar. Immediately, on receipt of the information, a raid was conducted by the Dy. Commissioner of Police, Zone-III, in the residential premises of Sundergi Gangar. In the raid, the following things were recovered :-

(3.) IT appears that on the information received from Sunderjee Gangar the premises of one Suresh Bhagat situated in Worli were also raided. At that place 39 running telephone instruments along with some other material were found. It is further alleged that Suresh Bhagat made a statement to the police to the effect that the petitioner was the main man involved in Matka gambling and he and a number of others like him were only his agents.