Rohit Lakshman Chavhan v. State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3232 OF 2022 Rohit L. Chavhan ...Applicant V/s.
The State of Maharashtra
...Respondent.
Mr. Piyush Toshnival i/b Mr. Amit Icham for the Applicant. Mrs. Rutuja Ambekar, APP for the Respondent/State
CORAM
:
N.R. BORKAR, J.
DATE :
06.12.2022.
P.C. :
1] This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.
2] The applicant is apprehending his arrest in Crime No.474 of 2022 registered at Baramati City police station, Pune Rural for the ofences punishable under Sections 328, 272, 273, 188 of the Indian Penal Code, 1860 (IPC) and Sections 26(2)(iv), 27, 30(2), 31 and 59 (ii) of Food Safety and Standards Act. 3] On the basis of secrete information, on 12 October 2022 a raid was conducted at the house of the present applicant and prohibited Tobacco products (Guthka packets) were found in his house.
4] I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 1/3
2/3 5] The learned counsel for the applicant submits that except ofence punishable under Section 328 of IPC, all other ofences are bailable. He submits that this Court has held that mere possession, storage or sale of Gutkha packets would not attract Section 328 of the IPC. It is submitted that nothing is to be recovered from the applicant and therefore, his custodial interrogation is not necessary. It is therefore, submitted that the applicant may be granted anticipatory bail.
6] On the other hand, the learned APP appearing for the State submits that considering the nature of ofence, the applicant may not be released on anticipatory bail.
7] This Court has held that mere possession or sale of Gutkha products would not attract Section 328 of the IPC. All other ofences are bailable. Considering this fact and as there are no other criminal antecedents of similar nature, I am inclined to release the applicant on anticipatory bail. In the result the following order is passed.
ORDER
A) Anticipatory Bail Application is allowed.
B) In the event of arrest of the applicant in Crime No.474 of 2022 registered at Baramati City police station, Pune Rural for the ofences punishable under Sections 328, 272, 273, 188 of the IPC and Sections 26(2)(iv), 27, 30(2), 31 and 59 2/3
3/3 (ii) of Food Safety and Standards Act, he shall be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.
C) The applicant shall attend the concerned police station from 12 December 2022 to 14 December 2022 in between 11:00 a.m. and 2:00 p.m. and thereafter as and when called by the Investigating Ofcer and shall cooperate in the investigation.
[N.R.BORKAR, J.] 3/3