Bombay High Court
Umesh S/O. Zumbarlal Nahar vs The State Of Maharashtra on 11 October, 2019
Author: V. K. Jadhav
Bench: V. K. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO.803 OF 2019
UMESH S/O ZUMBERLAL NAHAR
VERSUS
THE STATE OF MAHARASHTRA
WITH
3 ANTICIPATORY BAIL APPLICATION NO.804 OF 2019
PUNAM W/O. RAM DONGARE
VERSUS
THE STATE OF MAHARASHTRA
.....
Advocate for Applicants : Mr. Shinde Ganesh P.
APP for Respondent-State : Smt. Rashmi Gour
.....
CORAM : V. K. JADHAV, J.
DATED : 11 th OCTOBER, 2019
PER COURT:-
1. The applicants in both the Anticipatory Bail Applications are
seeking anticipatory bail in connection with crime No. 206 of 2019
registered with Gangapur police station, District Aurangabad (Rural)
for the offences punishable under Section 420 of IPC, under sections
3 and 7 of the Essential Commodities Act, 1955 and under Sections
8, 2(h), 9, 19(a), 19(c)(ii), 21, 35, 19(c)(v), 19(c)(vi) and 19(c)(vii) of
the Fertilizer (Control) Order, 1985. Their applications bearing Bail
Application Nos. 104 of 2019 and 105 of 2019 with similar prayer
came to be rejected by the learned Additional Sessions Judge,
Vaijapur, District Aurangabad vide orders dated 17.06.2019.
2. Heard both sides.
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3. On going through the order dated 18.2.2016 passed by the
Hon'ble Division Bench (Coram: A. S. Oka and C. V. Bhadang, JJ.)
at the Principal Seat at Bombay in Writ Petition No. 4076 of 2014 and
pursuant to the said order, the Government Resolution issued by the
Government of Maharashtra dated 3.10.2017, prima facie, I do not
think that the allegations as against the applicants attract the
provisions of the Fertilizer (Control) Order, 1985 and the provisions of
the Essential Commodities Act, 1955. So far as the charge under
Section 420 of I.P.C. is concerned, during the course of argument,
the label of the said commodity which is the subject matter of the
present crime has been shown to me in the Court and on perusal of
the same, it appears that the same pertains to the natural potash as
clearly mentioned on the label. Though learned A.P.P. has strongly
submitted that the agriculturists have purchased the same under the
misconception that it is a fertilizer, the applicant cannot be held
responsible for the same. There is no bar to sell natural potash from
a fertilizer shop and particularly when it is clearly mentioned on the
label that it is natural potash and not a fertilizer. In the given set of
allegations, prima facie, I do not think that Section 420 of I.P.C. is
attracted. Thus, considering the entire aspects of the case, I am
inclined to grant anticipatory bail to the applicants in both the
Anticipatory Bail Applications on certain conditions. Hence the
following order:-
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ORDER
I. Both the Anticipatory Bail Applications are hereby allowed.
II. In the event of arrest, the applicant in Anticipatory Bail Application No. 803 of 2019 viz. UMESH S/O ZUMBERLAL NAHAR, and the applicant in Anticipatory Bail Application No. 804 of 2019 viz. PUNAM W/O. RAM DONGARE in connection with crime No. 206 of 2019 registered with Gangapur police station, District Aurangabad (Rural) for the offences punishable under Section 420 of IPC, under sections 3 and 7 of the Essential Commodities Act, 1955 and under Sections 8, 2(h), 9, 19(a), 19(c)(ii), 21, 35, 19(c)(v), 19(c)(vi) and 19(c)(vii) of the Fertilizer (Control) Order, 1985 be released on anticipatory bail on furnishing personal bond of Rs.15,000/- each with one surety each of the like amount on following conditions:-
a) The applicants shall not tamper with the prosecution evidence in any manner.
b) The applicants shall make themselves available as and when required by the Investigating Officer in carrying out further investigation into the crime, if any.
III. Both the Anticipatory Bail Applications are disposed of.
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