Sanjay Madhav Bhagwat v. The State Of Maharashtra And Another
2025:BHC-AUG:5184
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 47 ANTICIPATORY BAIL APPLICATION NO. 173 OF 2025 Sanjay Madhav Bhagwat
VERSUS
The State Of Maharashtra And Another ...
Advocate for Applicant : Mr. Dixit Satyajeet S APP for Respondents-State: Ms. P. V. Diggikar ...
CORAM : ARUN R. PEDNEKER, J.
Dated : February 24, 2025.
PER COURT :- 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.0137/2024, dated 23/02/2024, registered at Akole Police Station, Akole, District Ahmednagar, for the offences punishable under sections 328, 188, 272 and 273 of Indian Penal Code.
3.
This Court by order dated 03/02/2025 granted interim protection to the applicant for the reasons stated in paragraph No.4 and 5 as follows : - "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 1 of
47 ABA 173-2025 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."
4.
The learned Counsel for the applicant submits that after the grant of interim protection to the applicant, the applicant has cooperated with the investigation. Considering the same, the interim protection granted to the applicant is confirmed.
5.
In view of the above, the application is allowed in the following terms : - i] In the event the applicant is arrested in connection with FIR No.0137/2024, dated 23/02/2024, registered at Akole Police Station, Akole, District Ahmednagar, for the offences punishable under sections 328, 188, 272 and 273 of Indian Penal Code, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.
ii] The applicant shall attend the police station as and when 2 of
47 ABA 173-2025 called by the police.
iii] 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. iv] 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, J. ) vj gawade/-.
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