Allowed

Dagadu Nanabhau Ambhore v. the State of Maharashtra

Bombay HC24 Jun 2021ABA/40/2021

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the applicant apprehending arrest under the Seeds Act and IPC. The order noted that no seed samples were taken and observed serious doubts about the offences attracting under Section 420 IPC and the Seeds Act, leading to the grant of bail.

What did the court decide?

Anticipatory bail granted with execution of personal recognizance for Rs. 50,000/- and furnishing a solvent surety.

Dagadu Nanabhau Ambhore Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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ANTICIPATORY BAIL APPLICATION NO. 40 OF 2021

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Dagadu s/o Nanabhau Ambhore,
Age 47 years, Occ. Service,
R/o. Plot No. 43, Near House of
Ashok Tayade,Yeshwant Nagar,
Ambad road, Jalna.

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…Applicant.

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VERSUS.

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The State of Maharashtra,
Through Police Station Osmanabad
(City), Tq. & Dist. Osmanabad.

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…Respondent.

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Advocate for the Applicant : Mr. Shinde Ganesh P.
APP for the Respondent/State : Mr. V. S. Badadkh.

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CORAM: MANGESH S. PATIL, J.
DATE: 24.06.2021.

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PER COURT :

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This is an application under Section 438 of the Code of Criminal
Procedure as the applicant is apprehending arrest in connection with Crime
No. 250/2020, registered with Osmanabad (City) Police Station, District
Osmanabad, for the offences punishable under Section 420 of the Indian
Penal Code, under Section 6(b), 7(b) of the Seeds Act, 1966 and Rule 23(A)
of the Seeds Rules, 1968.

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2.F.I.R. has been lodged by a Seeds Inspector alleging that seeds
without any potential to germinate were sold by the applicant to an
agriculturist thereby cheated the agriculturist and also committed the
aforementioned offences under the Seeds Act and Rules framed thereunder.

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3.I have heard the learned advocate for the applicant and the learned
A.P.P. Like many other similar cases, the present F.I.R. has been registered
pursuant to a direction of this Court in a sue moto P.I.L. The order passed

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946 aba 40 21a.odt

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wherein has subsequently been stayed by the Supreme Court in Special
Leave Petition (Criminal) Diary No. 13972/2020 by the order dated
20.07.2020.

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3As is pointed out, in several of such matters, this Court has grated
protection to the respective Officials of the Company by granting
anticipatory bail. Suffice for the purpose to refer to the decision in the case
of Anticipatory Bail Application No. 1177/2020 dated 05.02.2021 and
Anticipatory Bail Application No. 1129/2020 dated 16.12.2020.

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4.As has been observed in these orders, there would be a serious doubt
as to if the offence under Section 420 of the Indian Penal Code would be
attracted in the facts and circumstances.

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5.Going by the papers of the investigation, not even samples of the
seeds have been taken. It is under these circumstances, the applicant
deserves to be granted anticipatory bail.

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6. The Application is allowed.

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7.In the event of arrest of the applicant in connection with No.
250/2020, registered with Osmanabad (City) Police Station, District
Osmanabad, for the offences punishable under Section 420 of the Indian
Penal Code, under Section 6(b), 7(b) of the Seeds Act, 1966 and Rule 23(a)
of the Seed Rules, 1968, he shall be released on bail on executing personal
recognizance for an amount of Rs. 50,000/- and furnishing a solvent surety
in the like amount, subject to following conditions :

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(a)He shall attend the concerned police station as and when called by
the Investigating Officer and shall cooperate him.

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(b)He shall not tamper the evidence of the prosecution or influence the
witnesses.

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 (MANGESH S. PATIL, J.)

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mkd/-

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Dagadu Nanabhau Ambhore v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Dagadu Nanabhau Ambhore v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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