Bombay High Court
Vilas S/O. Daulatrao Chandankhede vs State Of Mah. Thr. Pso, Ps, Chimur, Tah. ... on 12 January, 2024
(1) 7.aba.31.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (ABA) NO.31 OF 2024
Vilas s/o Daulatrao Chandankhede
Vs.
State of Maharashtra, Through Police Station Officer, Police Station, Chimur, District
Chandrapur
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Ms. M. N. Hiwase, Advocate for applicant.
Mr. A. G. Mate, APP for non-applicant/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 12/01/2024
1. The application is for grant of anticipatory
bail in the event of arrest in connection with Crime
No.469/2023 registered with Police Station, Chimur,
District Chandrapur for the offence punishable under
Sections 188, 273, 328 of the Indian Penal Code and
Sections 26(2)(i), 26(ii)(iv), 30(2)(a) and 59 of Food
and Safety Standards Act, 2006.
2. The applicant is apprehending arrest at the
hands of police as crime is registered on the basis of
report lodged by Girish Trimbakrao Satkar on an
allegation that on 22.12.2023, he received a secret
information that in a Car bearing number MH-27-BX-
4610 the contraband articles like scented nuts and
tobacco is being transported therefore, he intercepted the
Car and the articles along with the vehicle were seized.
The driver of the vehicle was arrested and during enquiry
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with him, the name of the present applicant revealed as
manufacturer and the supplier of the said contraband
articles.
3. The learned Sessions Court has rejected the
application on the ground that the contraband articles
which are banned in the State of Maharashtra are seized
by the police and investigation as to whether he is a
manufacturer of the seized muddemal is required to be
carried out.
4. The learned Counsel for the applicant
submitted that merely on the basis of the statement of
the co-accused, the crime is registered against the present
applicant and therefore, applicant is apprehending arrest.
She further submitted that there is no other material and
no criminal antecedents against the present applicant. As
far as the application of Section 328 of the Indian Penal
Code is concerned, the issue is pending before the
Hon'ble Apex Court. She placed reliance on Shaikh
Nisar Shaikh Kadar Vs. State of Maharashtra reported in
Law Finder Document Id 2186135 and submitted
wherein, in a similar situation the applicant was
protected by granting anticipatory bail.
5. Per contra, learned APP strongly opposed the
application on the ground that there is prima facie
material against the present applicant as during
investigation it revealed that applicant is the owner of
the said Car from which the contraband articles are
(3) 7.aba.31.2024
seized, therefore, custodial interrogation of the present
applicant is required.
6. After hearing both the sides, the question
remains whether the applicant can be released on
anticipatory bail on the basis of the statement of the
co-accused. Except Section 328 of the Indian Penal Code
other provisions are bailable one. When the ingredients
of Section 328 of the Indian Penal Code whether
attracted or not, the issue is pending before the Hon'ble
Apex Court. The contraband articles are already seized
and immediate custodial interrogation of the present
applicant is not required. In view of that, the applicant
can be protected by granting ad-interim anticipatory bail.
In view of that, I proceed to pass following order.
ORDER
(i) In the event of arrest in connection with Crime No.469/2023 registered with Police Station, Chimur, District Chandrapur for the offence punishable under Sections 188, 273, 328 of the Indian Penal Code and Sections 26(2)(i), 26(ii)(iv), 30(2)(a) and 59 of Food and Safety Standards Act, 2006, the applicant Vilas s/o Daulatrao Chandankhede be released on ad-interim anticipatory bail on executing PR bond in the sum of Rs.25,000/- with one solvent surety in the like amount.
(ii) The applicant shall attend Police Station once in a week on Monday between 10.00 to 1.00 p.m. and shall cooperate with the investigating agency.
(4) 7.aba.31.2024
(iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.
Stand over after three weeks.
(URMILA JOSHI-PHALKE, J.) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 15/01/2024 10:38:05