Grant of anticipatory bail to applicant apprehending arrest under various narcotics and food safety charges. Court ordered release on surety bond pending prosecution hearing while the applicability of IPC 328 remains pending at the Apex Court.
Relief on bail granted on furnishing PR bond of Rs.15,000/- with one solvent surety.
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.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
941 ANTICIPATORY BAIL APPLICATION NO.628 OF 2023
SHIVLING GURULING HAMNE
VERSUS
THE STATE OF MAHARASHTRA
Advocate for Applicant : Mr. Vivekanand Balasaheb Jadhav
APP for Respondent – State : Mr. G.O. Wattamwar
CORAM : R. M. JOSHI, J.
DATE : JULY 19, 2023
PER COURT :
.Applicant is apprehending arrest in connection with
Crime No.73 of 2023 registered with Ahmedpur Police Station, Tal.
Ahmedpur, Dist. Latur for the offences punishable under Section 188,
272, 273 r/w. 34 of the Indian Penal Code and Section 59 of the Food
Safety and Standards Act, 2006.
2.Perusal of the FIR shows that on 10.02.2023 raid was
conducted wherein the contraband articles like Gutkha and Pan
Masala were found in the custody of co-accused.
3. Learned counsel for applicant states that except for
1/4
alleged statement of co-accused, there is absolutely no evidence on
record to connect applicant with crime in question. He further states
that nothing is to be recovered at instance of applicant as the entire
recovery is already done. He further states that issue as to whether
offence punishable under Section 328 of the I.P.C. would attract to
contraband articles – Gutkha and Pan Masala is pending before the
Hon’ble Apex Court.
4.Learned APP has opposed application contending that
huge amount of contraband articles are seized from spot of
occurrence. The investigation is required to be done in respect of the
source of the said contraband articles – Gutkha and Pan Masala.
According to him Section 328 of the IPC gets attracted in the present
case and hence prayed to reject application.
5.Prima facie perusal of record indicates that except for the
alleged statement of co-accused, there is no other material on record
to connect the applicant with the crime in question.
6.At this stage it cannot be held with certainly that Section
2/4
328 of the IPC gets attracted in the present crime. Other offences in
the present crime are bailable. So far as further investigation is
concerned in order to find out the source of said contraband, issuance
of appropriate direction to applicant to appear before the
Investigating Officer would be sufficient.
7.In view of aforesaid facts, liberty of applicant deserves to
be protected till the prosecution is heard in the matter. Hence,
following order.
ORDER
(i)Till the next date, in the event of arrest of applicant in
connection with Crime No.73 of 2023 registered with
Ahmedpur Police Station, Tal. Ahmedpur, Dist. Latur for
the offences punishable under Section 188, 272, 273 r/w.
34 of the Indian Penal Code and Section 59 of the Food
Safety and Standards Act, 2006, he be released on bail on
furnishing PR Bond of Rs.15,000/- (Rs. Fifteen Thousand
only) with one solvent surety in the like amount.
(ii) He shall attend the concerned police station as and when called.3/4
(iii) He shall not contact the witnesses directly or indirectly.(iv) He shall not interfere with the evidence in any manner whatsoever.(v) He is further directed to cooperate with the investigating agency for further investigation.[ R. M. JOSHI ] JUDGEGGP
4/4
1 issue framed by the court
Whether the applicant deserves bail before arrest in connection with offences under Section 188, 272, 273 IPC and Section 59 FSS Act, 2006.
2 provisions across 2 enactments
SHIVLING GURULING HAMNE
THE STATE OF MAHARASHTRA
R. M. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court