Nizamuddin Mehboob Shaikh v. State of Maharashtra
Case brief
What is this about?
The High Court of Bombay rejected an anticipatory bail application filed by Nizamuddin Mehboob Shaikh under Section 438 CrPC. The court found a prima facie case regarding the accused's role in supplying banned pan masala, necessitating detailed investigation into supply sources and purchasers, alongside the applicant's antecedents.
What did the court decide?
The anticipatory bail application was rejected. No cost. Ad-interim relief continued for two weeks during pendency.
What the court decided
906-aba1493-2023.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1493 OF 2023
Digitally signed byATUL ATUL GANESH GANESH KULKARNI KULKARNI Date: 2023.08.07 10:47:22 +0530
Nizamuddin Mehboob Shaikh… Applicant
V/s.
The State of Maharashtra… Respondent
Mr. Vikas Shivarkar Satpute for the applicant.
Ms. Veera Shinde, APP for the respondent/State.
CORAM :AMIT BORKAR, J.
DATED:AUGUST 4, 2023
P.C.:
1.Apprehending arrest, the applicant is seeking relief of pre-
arrest bail under Section 438 of the Criminal Procedure Code,
1973 in connection with C.R. No.508 of 2022 registered with
Yerwada Police Station, Pune for offence punishable under
Sections 328, 188, 272, 273 of the Indian Penal Code, 1860 and
Section 59 for committing contravention of Sections 30(2)(a),
26(2)(i), 26(2)(iv), 27(3)(d) read with Sections 3(i)(zz) of the
Food Safety and Standard Act, 2006 and Sections 7(2) and 20(2)
of Cigarette and other Tobacco products (Prohibition to
Advertisement) Regulation.
Issues for consideration
2 issues framed by the court
Whether a case for granting pre-arrest bail is made out given the allegations of supplying prohibited substances and the applicant's antecedents.
Whether custodial interrogation is necessary to investigate the existence of a racket involved in the ban substance supply.
Parties & counsel
- applicant
Nizamuddin Mehboob Shaikh
- respondent
The State of Maharashtra
Coram
AMIT BORKAR
Case details
As recorded by the court registry
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