Ramkishan Dnyandev Dahiphale and Another Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Ramkishan Dnyandev Dahiphale and Another Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Confirmation of the interim protection (anticipatory bail) earlier granted on 12.02.2025, on conditions that the applicants attend the police station as and when called by the Investigating Officer, not tamper with prosecution evidence nor influence the informant/witnesses, and co-operate with the investigation and trial Court proceedings; breach of any condition renders the protection liable to cancellation.

Issue for consideration

Whether the applicants, apprehending arrest in Crime No.18/2025 (Shirur Police Station, District Beed) for offences under Sections 123, 275 and 223 of the Bharatiya Nyaya Sanhita, are entitled to anticipatory bail in light of the settled position that Section 123 of the B.N.S. does not apply to seizure of tobacco products.

Court's answer

Considering the law laid down by the Hon'ble Supreme Court that Section 123 of the B.N.S. would not apply to seizure of tobacco products, the Court granted interim protection to the applicants.

Ratio / Principle

The interim protection granted by order dated 12.02.2025 stands confirmed subject to conditions: the applicants shall attend the police station as and when called by the Investigating Officer, shall not tamper with prosecution evidence or influence the informant/witnesses, and shall co-operate with the investigation and trial proceedings; violation of any condition makes the protection liable to cancellation.

Key takeaways

The observations made in this order are limited to the disposal of the present anticipatory bail application, and the trial Court shall proceed further in the matter without being influenced by them.obiter¶28

Detailed headnote1 paragraphs

Anticipatory bail - Applicants apprehending arrest in Crime No.18/2025, Shirur Police Station, District Beed, for offences punishable under Sections 123, 275 and 223 of the Bharatiya Nyaya Sanhita - Following the law laid down by the Hon'ble Supreme Court (Eknath Bhalchandra Patil, SLP(Cri.) No.8698/2023) that Section 123 of the B.N.S. (corresponding to Section 328 IPC) would not apply to seizure of tobacco products, the interim protection granted by order dated 12.02.2025 was confirmed on conditions: attendance at the police station as called by the Investigating Officer, no tampering with evidence or influencing of informant/witnesses, and co-operation with investigation and trial - Violation liable to cancellation - Observations confined to disposal of the application; trial Court to proceed uninfluenced - Application disposed of (Arun R. Pedneker, J.; 26.02.2025).

2025:BHC-AUG:5320

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

928 ANTICIPATORY BAIL APPLICATION NO. 226 OF 2025

RAMKISHAN DNYANDEV DAHIPHALE

VIJAY DASHRATH KHEDKAR VERSUS

THE STATE OF MAHARASHTRA

Advocate for Applicants : Mr. Abhaysinh K. Bhosle APP for Respondent/State: Mr. R. S. Wani

CORAM : ARUN R. PEDNEKER, J.

DATE : 26.02.2025

P.C. :

Heard learned counsel for the applicants and the learned APP for the respondent-State.

The applicants are apprehending arrest in connection with Crime No.18/2025, registered at Shirur Police Station, District Beed, for the offences punishable under Sections 123, 275 and 223 of the Bharatiya Nyaya Sanhita.

This Court, by order dated 14.11.2024 passed in ABA No.1670 of 2024 at para no. 3 has observed as under :

“3] Considering the judgment of this Court in the case of Gaurav Jayantbhai Hapani Vs. The State of Maharashtra in Anticipatory Bail Application No.3406 of 2022, decided on 19.01.2023 and also the order passed by the Hon’ble Supreme Court in the case of Eknath Bhalchandra Patil Vs.

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The State of Maharashtra in Petition (s) for Special Leave to Appeal (Cri.) No. 8698/2023, decided on 28.07.2023, wherein in identical fact situation, the Hon’ble Supreme Court so also this Court in the above noted judgments has observed that applicability of Section 328 of Indian Penal Code [123 of the Bhartiya Nyaya Sanhita] is doubted in the case of seizure of tobacco and tobacco products including Gutkha and anticipatory bail has been granted. In the instant case also, except Section 123 of the Bhartiya Nyaya Sanhita, all other offences are bailable and the same is not disputed by the learned APP and the matter pertains to seizure of tobacco and tobacco products including Gutkha.”

Considering the law as laid down by the Hon’ble Supreme Court that Section 123 of the B.N.S. would not apply to seizure of tobacco products, this court granted interim protection to the applicants. The learned counsel for the applicants submits that the applicants have cooperated with the investigation.

In view of the same, the earlier protection granted by order dated 12.02.2025 stands confirmed on following conditions:

i] The applicants shall attend the police station as and when called by the Investigating Officer.

ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

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iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.

In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

8. The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE

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