Bombay High Court
Rohit Ashok Khake vs The State Of Maharashtra on 27 June, 2022
Author: S. G. Mehare
Bench: S. G. Mehare
1 15-ABA.780-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
15 ANTICIPATORY BAIL APPLICATION NO.780 OF 2022
ROHIT ASHOK KHAKE
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Narwade Narayan B.
APP for Respondent-State : Mr. S. B. Narwade.
...
CORAM : S. G. MEHARE, J.
DATE : 27.06.2022
PER COURT :-
1. Heard the learned counsel for the applicant.
2. Learned counsel for the applicant would submit that the
applicant is a Transport Agent. He has no concerned with the
goods transported in the vehicle. He only makes the trucks or
the vehicle avaialble for the person, who wanted to transport
the goods. Further he has the arguments that the tax invoice
reveals that the specialty oil was transported. The GST was
also paid and E-way bill was also issued. The sample from the
tanker of the so called biodiesel was taken, but the report is yet
awaited. The statement of the applicant has already been
recorded by the police. The vehicle is also seized. In the
offence, which order under the Essential Commodities Act is
::: Uploaded on - 27/06/2022 ::: Downloaded on - 29/06/2022 05:36:56 :::
2 15-ABA.780-2022.odt
breached, is not mentioned. Unless any such order of breach,
no offence is made out. The other truck owners in the similar
crimes have been arrested, hence, the applicant has an
apprehension of his arrest. Having regard to the claim of the
applicant, this Court is of the view that he may be granted
interim protection. Hence, the following order :
ORDER
(i) In the event of arrest, the applicant Rohit Ashok Khake shall be released on interim bail in Crime No.118 of 2022, registered with Police Station Karmad, District Aurangabad for the offences punishable under Sections 3, 7 of the Essential Commodities Act, on furnishing P.B. and S.B. of Rs.20,000/- (Rupees Twenty Thousand only) with one solvent surety of the like amount, on the conditions that he shall not tamper with the prosecution witnesses, he shall co-operate with the Investigating Officer.
(ii) Issue notice to the respondent, returnable on 12.07.2022.
(iii) Learned APP waives service of notice for the respondent-State.
(S. G. MEHARE, J.) ...
vmk/-
::: Uploaded on - 27/06/2022 ::: Downloaded on - 29/06/2022 05:36:56 :::