Govind Shivaji Suryawanshi v. The State Of Maharashtra And Another
2025:BHC-AUG:8073
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 963 ANTICIPATORY BAIL APPLN. NO. 367 OF 2025 GOVIND SHIVAJI SURYAWANSHI
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr.Sujit A. Patil h/f. Mr.S.B.Choudhari APP for Respondent-State : Mr.S.P.Sonpawale ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 19.03.2025 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 Crime No. 181/2023, registered at Dharashiv City Police Station, Dist. Dharashiv, for the offence punishable under Section 328, 188, 272, 273 of the Indian Penal Code.
3] This Court, by order dated 12.03.2025, has granted interim protection in favour of the applicant for the reasons stated in para nos. 4 and 5, as noted below : 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 328 of the Indian Penal Code, all other offences are bailable.
4] The learned counsel for the applicant submits that in pursuance of order dated 12.03.2025, the applicant has co-operated with the investigation.
5] Considering that there are no antecedents against the present applicant and that the applicant has cooperated with the investigation, the interim protection granted by order dated 12.03.2025 stands confirmed, in the following terms :
i] The applicant shall attend the concerned police station as and when required by the investigating officer.
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 DDC