Baban Rajjak Sayyed v. The State Of Maharashtra

4-ABA-506-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.506 OF 2015 Shri Baban Rajjak Sayyed ....Applicant.

Versus

The State of Maharashtra

...Respondent.

Mr. Kuldeep S. Patil i/by Prashant S. Hagare, advocates for the Applicant. Ms. Veena Shinde, APP for the respondent-State. CORAM : MRS. MRIDULA BHATKAR, J.

DATED : June 9, 2015.

P.C.:

In the present case, non bailable section is only Section 328 of the IPC and the other sections are bailable in view of the judgment of this Court in Raju Laxman Pachhapure v/s. State of Maharashtra reported in 2015(1) LJ Soft 4. In that judgment, this Court has taken a view that Section 328 can not be attracted to a person manufacturing or selling Gutkha or any other tobacco items and, therefore, no order is required to be passed. However, the applicant-accused may go before the Sessions Court.

Shivgan 1/2

4-ABA-506-15 In view of this earlier order granting interim protection is hereby confirmed with the same bail bonds and sureties with modification that the applicant-accused need not attend the concerned police station on every Monday but shall attend the police station as and when called till filing of the charge-sheet.

Application stands disposed of.

(MRS.MRIDULA BHATKAR, J.) Shivgan 2/2