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Documents citing Nipul Jayantilal Nagde vs The Sr. Police Inspector Narpoli Police ... on 6 November, 2020

Sagar Sadashiv Kore vs The State Of Maharashtra on 8 February, 2021

In this view of the matter, since Anand Chaurisia's case (supra) does not operate at this point of time; and since I am in total agreement with the ratio laid down in Vinod Gupta's case (supra) and Vasim Shaikh's case (supra), in this case Section 328 of IPC is attracted. The offence is serious. These offences need to be curbed for social welfare and health of the society particularly in today's era of COVID-19 pandemic. No leniency can be shown in these matters. The supply of such products has to be stopped. The Applicant is alleged to be one of the suppliers and, therefore, his custodial interrogation is necessary. Hence, no case for Digitally anticipatory bail is made out. The Application is rejected. signed by Pradeepkumar Pradeepkumar P. Deshmane P. Deshmane Date:
Bombay High Court Cites 11 - Cited by 0 - S V Kotwal - Full Document

Sagar Sadashiv Kore vs The State Of Maharashtra on 2 February, 2021

In this view of the matter, since Anand Chaurisia's case (supra) does not operate at this point of time; and since I am in total agreement with the ratio laid down in Vinod Gupta's case (supra) and Vasim Shaikh's case (supra), in this case Section 328 of IPC is attracted. The offence is serious. These offences need to be curbed for social welfare and health of the society particularly in today's era of COVID-19 pandemic. No leniency can be shown in these matters. The supply of such products has to be stopped. The Applicant is alleged to be one of the suppliers and, therefore, his custodial interrogation is necessary. Hence, no case for anticipatory bail is made out. The Application is rejected.
Bombay High Court Cites 11 - Cited by 23 - S V Kotwal - Full Document

Nasib Khan Hafiz Khan Pathan vs State Of Mah. Thr. Pso Ps Murtizapur City ... on 7 December, 2021

Besides that, the order passed by this Court in case of Vinod Ramnath Gupta Vs. State of Maharashtra decided on 06.11.2020 in Criminal Application (ABA) (St) No. 2451/2020 and Sagar Sadashiv Kore Vs. The State of Maharashtra in Anticipatory Bail Application No. 313/2021 decided on 08.02.2021 are produced to show the contrary view expressed by this Court. True, there are divergent opinions on the issue involved and the matter is subjudice. In the said scenario, I am dealing with the bail applications. it is not appropriate to consider the submissions at this stage since it was an issue for consideration at the time of trial.
Bombay High Court Cites 19 - Cited by 0 - V G Joshi - Full Document

Wahid Khan S/O Jahagir Khan And Another vs State Ofmah. Thr. Pso M.I.D.C. Akola Tq. ... on 7 December, 2021

Besides that, the order passed by this Court in case of Vinod Ramnath Gupta Vs. State of Maharashtra decided on 06.11.2020 in Criminal Application (ABA) (St) No. 2451/2020 and Sagar Sadashiv Kore Vs. The State of Maharashtra in Anticipatory Bail Application No. 313/2021 decided on 08.02.2021 are produced to show the contrary view expressed by this Court. True, there are divergent opinions on the issue involved and the matter is subjudice. In the said scenario, I am dealing with the bail applications. it is not appropriate to consider the submissions at this stage since it was an issue for consideration at the time of trial.
Bombay High Court Cites 19 - Cited by 0 - V G Joshi - Full Document

Gajanan S/O Ashok Agrawal vs State Of Mah. Thr. Pso Ps Murtizapur City ... on 7 December, 2021

Besides that, the order passed by this Court in case of Vinod Ramnath Gupta Vs. State of Maharashtra decided on 06.11.2020 in Criminal Application (ABA) (St) No. 2451/2020 and Sagar Sadashiv Kore Vs. The State of Maharashtra in Anticipatory Bail Application No. 313/2021 decided on 08.02.2021 are produced to show the contrary view expressed by this Court. True, there are divergent opinions on the issue involved and the matter is subjudice. In the said scenario, I am dealing with the bail applications. it is not appropriate to consider the submissions at this stage since it was an issue for consideration at the time of trial.
Bombay High Court Cites 19 - Cited by 0 - V G Joshi - Full Document

Samir Latif Tamboli vs The State Of Maharashtra on 18 January, 2021

7. I have considered all these submissions. As far as application of Section 328 of the IPC is concerned, this aspect was extensively dealt with by a single Judge Bench of this Court in the case of Vinod Gupta (supra) decided on 06/11/2020. This Judgment is latest amongst the three Judgments, cited before me. In the case of Vinod Gupta this Court (Coram:- S.K.Shinde J.) has considered some other earlier Judgments and has also considered the ingredients of Section 328 of the IPC. The learned single Judge has considered the reasons and necessity as to why manufacturing and selling of such articles were prohibited in the State of Maharashtra. Considering the reasoning given in this Judgment, I am in total agreement with the view expressed in the case of Vinod Gupta. This being the judgment, later in point of time and since I am agreeing with this view, I am following this judgment in this particular case.
Bombay High Court Cites 8 - Cited by 0 - S V Kotwal - Full Document

Samir Latif Tamboli vs The State Of Maharashtra on 18 January, 2021

7. I have considered all these submissions. As far as application of Section 328 of the IPC is concerned, this aspect was extensively dealt with by a single Judge Bench of this Court in the case of Vinod Gupta (supra) decided on 06/11/2020. This Judgment is latest amongst the three Judgments, cited before me. In the case of Vinod Gupta this Court (Coram:- S.K.Shinde J.) has considered some other earlier Judgments and has also considered the ingredients of Section 328 of the IPC. The learned single Judge has considered the reasons and necessity as to why manufacturing and selling of such articles were prohibited in the State of Maharashtra. Considering the reasoning given in this Judgment, I am in total agreement with the view expressed in the case of Vinod Gupta. This being the judgment, later in point of time and since I am agreeing with this view, I am following this judgment in this particular case.
Bombay High Court Cites 8 - Cited by 0 - S V Kotwal - Full Document

Samir Latif Tamboli vs The State Of Maharashtra on 25 January, 2021

7. I have considered all these submissions. As far as application of Section 328 of the IPC is concerned, this aspect was extensively dealt with by a single Judge Bench of this Court in the case of Vinod Gupta (supra) decided on 06/11/2020. This Judgment is latest amongst the three Judgments, cited before me. In the case of Vinod Gupta this Court (Coram:- S.K.Shinde J.) has considered some other earlier Judgments and has also considered the ingredients of Section 328 of the IPC. The learned single Judge has considered the reasons and necessity as to why manufacturing and selling of such articles were prohibited in the State of Maharashtra. Considering the reasoning given in this Judgment, I am in total agreement with the view expressed in the case of Vinod Gupta. This being the judgment, later in point of time and since I am agreeing with this view, I am following this judgment in this particular case.
Bombay High Court Cites 8 - Cited by 0 - S V Kotwal - Full Document

Samir Latif Tamboli vs The State Of Maharashtra on 25 January, 2021

7. I have considered all these submissions. As far as application of Section 328 of the IPC is concerned, this aspect was extensively dealt with by a single Judge Bench of this Court in the case of Vinod Gupta (supra) decided on 06/11/2020. This Judgment is latest amongst the three Judgments, cited before me. In the case of Vinod Gupta this Court (Coram:- S.K.Shinde J.) has considered some other earlier Judgments and has also considered the ingredients of Section 328 of the IPC. The learned single Judge has considered the reasons and necessity as to why manufacturing and selling of such articles were prohibited in the State of Maharashtra. Considering the reasoning given in this Judgment, I am in total agreement with the view expressed in the case of Vinod Gupta. This being the judgment, later in point of time and since I am agreeing with this view, I am following this judgment in this particular case.
Bombay High Court Cites 8 - Cited by 0 - S V Kotwal - Full Document
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