IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3315 OF 2009 Ravi Narasayya Gaud Jabbar Saheblal Aatar ..... ..... ...Applicants V/s The State of Maharashtra ..... ..... ...Respondent. Mr.Jaydeep D. Mane, Adv. for the applicants. Mrs.P.P.Shinde, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 4th August, 2009. PC: The present applicants were working as labourers at a place where intoxicant todi was stored. The applicants came to be arrested on 17.6.09 and since then till date they are in custody. The applicants are arrested in crime No.111/09 for offence punishable under section 328 of IPC and under the provisions of Bombay Prohibition Act. Prima facie section 328 has no application as there is nothing on record to suggest that either there was sale or consumption of todi by any one. The intoxicant substance is stated to have been found in possession of the present applicants. According to the applicants the proprietor of the said place had a licence and copy of the licence issued by the Collector, Excise, Solapur in favour of M/s.Rajrajeshwari and Company is placed on record. It is submitted by the learned counsel for the applicants that the applicants are daily bread earner and there is no one in their family to earn. Having regard to the facts and circumstances I deem it fit to release the applicants on bail. The order passed by the Collector, Excise, Solapur is taken on record which prima facie suggest that sale of intoxicant was under valid licence. In the result I direct that the applicants Ravi Narasayya Gaud and Jabbar Saheblal Aatar be released on bail on executing 1 personal bond in the sum of Rs.5000/- each with one or two sureties in the like amount. The applicants shall attend concerned police station once in a week till charge sheet is filed or for a period of two months whichever is earlier. 4.8.2009. 2