Sameer Shahnawaz Faquih And ANR v. The State Of Maharashtra

Dond 1/2 aba.1265-2015.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE ANTICIPATORY BAIL APPLICATION NO.1265 OF 2015 ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- Mr. Siddheshwar B.K. i/b Pol Legal Juris for applicants. Ms. P.P. Shinde,APP for State.

CORAM : A.S. GADKARI, J.

DATE : 1st March 2016.

P.C.:

By an order dated 27th August 2015, the applicants were granted interim relief. The Investigating Officer has filed a detailed affidavit dated 1.10.2015. It is the prosecution case that the applicants were the authorised Distributor of the LPG Gas Cylinders of Hindustan Petroleum Corporation and were conducting business in the name of Safco Gas Company. That the applicants supplied gas cylinders to some persons beyond the territorial jurisdiction awarded to them.

It prima facie appears that the applicants can at the most said to have committed irregularity while conducting business and have acted beyond the scope of the contract. The crime under the provisions of the

Dond 2/2 aba.1265-2015.sxw Essential Commodities Act has been lodged against the applicants and in view of the peculiar facts of the present case the custodial interrogation of the applicants is not necessary.

In view of the above, interim relief granted by order dated 27th August 2015 is hereby confirmed. The application is allowed in the aforesaid terms. (A.S. GADKARI, J.)