Bombay High CourtABA/1376/2019anticipatory bail granted

Ranjeetkumar Hardev Shah v. The State Of Maharashtra

2019-07-18Hon'Ble Justice Revati Mohite Dere3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPTORY BAIL APPLICATION NO. 1376 OF 2019 Ranjeetkumar Hardev Shah ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Sandeep Mishra for the Applicant Ms. P. P. Shinde, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

THURSDAY, 18 th JULY 2019 P.C.

Heard learned counsel for the parties.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 86 of 2019 registered with the Kasa Police Station, Palghar, for the alleged offences punishable under Sections 328, 272, 273, 188 r/w 34 of the Indian Penal Code and under Section 59 of the Food Safety and Standards Act.

Learned A.P.P opposes the application.

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Perused the papers. It appears that the applicant is the owner of the vehicle from which prohibited articles i.e. pan masala, gutkha, etc. was seized. Admittedly, the applicant was not present on the vehicle on the day when the vehicle was intercepted. It appears that the driver and cleaner who were present in the vehicle, were arrested and were subsequently enlarged on bail.

Having regard to the aforesaid, custodial interrogation of the applicant is not warranted. Accordingly, the application is allowed and the applicant is granted pre-arrest bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount;

(ii) The applicant shall report to the Investigating Officer of the concerned Police Station, as and when called, till the filing of the charge-sheet;

(iii) The applicant to cooperate with the investigating agency. 2/3

The application is allowed in the aforesaid terms and is accordingly disposed of.

It is made clear that the observations made herein are prima facie, for the purpose of deciding this application. All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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