High Court rejected an anticipatory bail application. The court held that the offence was clearly made out as prohibited goods were found in the applicant's possession and he failed to explain their source, making custodial interrogation necessary despite the claimed medical condition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1022 OF 2019
Shri Birama Karamchand Gidwani .... Applicant
versus
The State of Maharashtra .... Respondent
CORAM : SARANG V. KOTWAL, J. DATE : 23rd AUGUST, 2019
P.C. :
with C.R. No. 128/2019 registered with Sangli City Police Station, DistrictSangli under Sections 188, 272, 273, 328 r/w. 34 of Indian Penal Code and Section 26(2), 26(2)(iv), 27(3)(e) r/w. 2, 3 and 4 (Prohibition Restriction on Sales) Regulation 2011 and Section 59 of Food Safety and Standard Act, 2006.
Sonali Patil
2 / 4 9 ABA 1022 OF 2019.odt
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applicant is paralytic therefore, he should not be arrested. He submitted that no offence is made out against him.
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take this aspect into consideration in taking further action. However, no case is made out for grant of anticipatory bail. Hence, I am not inclined to grant anticipatory bail to the applicant. Hence, the following order.
ORDER
Application is rejected and stands disposed of
accordingly.
(SARANG V. KOTWAL, J.)
1 issue framed by the court
Whether anticipatory bail should be granted to an applicant charged with selling prohibited food items who claims paralytic condition.
3 provisions across 3 enactments
Birama Karamchand Gidwani
The State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
