Ashish Budhrani Lachmandas Budhrani v. The State Of Maharashtra
2025:BHC-AUG:2975
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 44 ANTICIPATORY BAIL APPLICATION NO. 42 OF 2025 ASHISH BUDHRANI LACHMANDAS BUDHRANI
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Mohammed Aamir h/f. Mr. Shaikh Altamash Abdul Latif APP for Respondent/State: Mr. R. S. Wani ...
WITH ...
ANTICIPATORY BAIL APPLICATION NO. 47 OF 2025 SACHIN NAGRAJ MHASKE
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Shaikh Kayyum Najir APP for Respondent/State: Mr. R. S. Wani ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 03.02.2025 P.C. :
1] Heard learned counsel for the applicants and the learned APP for the respondent-State.
2] The applicants are apprehending arrest in connection with Crime No.1153 of 2024, registered at MIDC Waluj Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under Sections 123, 223, 274,
275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 & Section 59 of the Food Safety and Standards Act, 2006. 3] 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. 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." 4] 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 tobacco products, this court granted interim protection to the applicants.
5] In view of the same, the earlier protection granted by order dated 13.01.
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.
iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.
6] In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled.
7] 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 applications stand disposed of.
[ARUN R. PEDNEKER] JUDGE marathe