Azhar Rahimuddin Shaikh v. The State Of Maharashtra And Another
2025:BHC-AUG:7867
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 952 ANTICIPATORY BAIL APPLICATION NO. 383 OF 2025 Azhar Rahimuddin Shaikh
VERSUS
The State Of Maharashtra And Another ...
Advocate for Applicant : Mr. Salunke Sudarshan J APP for Respondents-State: Mr. S. P. Sonpawale ...
CORAM : ARUN R. PEDNEKER, J.
Dated : March 18, 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.66/2025, dated 27/01/2025, registered at Police Station, Georai, District Beed, for the offences punishable under sections 123, 223, 274, 275, 280 of Bharatiya Nyaya Sanhita, 2023, and under Section 59, 30(2)(a) of Food Safety and Standards Act, 2006.
3.
This Court, by order dated 11/03/2025, granted interim protection to the applicant, noting the observations in paragraph No.3 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 1 of
952 ABA 383-2025 Nyaya Sanhita] is doubtful in the case of seizure of tobacco and tobacco products including Gutkha and anticipatory bail has been granted."
4.
The learned Counsel for the applicant submits that the applicant has attended the police station and cooperated with the investigation. He further submits that there are no antecedents against the applicant. 5.
Considering the same and the reasons stated in the order dated 11/03/2025, the interim protection granted to the applicant is confirmed. 6.
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.66/2025, dated 27/01/2025, registered at Police Station, Georai, District Beed, for the offences punishable under sections 123, 223, 274, 275, 280 of Bharatiya Nyaya Sanhita, 2023, and under Section 59, 30(2)(a) of Food Safety and Standards Act, 2006, 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 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.
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952 ABA 383-2025 7.
In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 8.
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.
9.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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