Sanjay Narayan Sapdhare v. The State Of Maharashtra
2025:BHC-AUG:4877
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 938 ANTICIPATORY BAIL APPLICATION NO. 128 OF 2025 SANJAY NARAYAN SAPDHARE
VERSUS
THE STATE OF MAHARASHTRA ...
Mr. Abid R. Shaikh h/f. Mr. Shaikh Altamash Abdul Latif, Advocate for Applicant.
Mr. A. S. Mantri, APP for Respondent-State.
...
CORAM :
ARUN R. PEDNEKER, J.
DATE :
20.02.2025 P.C.:- 1] Heard learned counsel for the applicant and the learned APP for the respondent-State.
2] The applicant is apprehending arrest in connection with FIR No.1153/2024 dated 27.12.2024 registered at M.I.D.C. Waluj Police Station, District Ch. Sambhajinagar for the offences punishable under section 59 of Food and Safety Act, 2006 and Sections 123, 223, 274, 275 and 3(5) of Bharatiya Nyaya Sanhita, 2023 . 3] This Court by order dated 05.02.2025 granted interim protection to the applicant by noticing submissions in paragraph Nos.4 and 5 as under:- "4] 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."
5] The law stated in the aforesaid order would also apply to the instant case. It is informed that except Section 123 of the Bhartiya Nyaya Sanhita, all other offences are bailable." 4] Nothing adverse is pointed out against the applicant. The said interim protection granted to the applicant by order dated 05.02.2025 is stand confirmed.
5] In view of the above, the application is allowed and interim protection granted by this Court on 05.02.2025 is confirmed on the following terms :
i] The applicant shall attend the police station once a fortnight for a period for four months from today. ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.
iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.
6] In the event, the applicant violates 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 application stands disposed of.
(ARUN R. PEDNEKER) JUDGE