Ashok Sahebrao Sakrate v. The State Of Maharashtra And Another
2025:BHC-AUG:1006
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 928 ANTICIPATORY BAIL APPLICATION NO. 564 OF 2024 Ashok Sahebrao Sakrate
VERSUS
The State Of Maharashtra And Another ...
Advocate for Applicant : Mr. Hange Rajendra G., Hange Anirudh R. APP for Respondents: Mr. V. S.Badakh ...
CORAM : ARUN R. PEDNEKER, J.
Dated : January 14, 2025.
PER COURT :- 1.
Heard learned counsel for the applicant and the learned APP for the respondent-State.
2.
The applicant has approached this Court apprehending arrest in connection with FIR No.208/2022, dated 19/06/2022, registered with Manvat Police Station, District Parbhani, for the offences punishable under sections 328, 272, 273, 188 of the Indian Penal Code. 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 doubtful in the case of seizure of tobacco and tobacco products including 1 of
928 ABA 564-2024 Gutkha and anticipatory bail has been granted. 4.
In view of the above, the order passed by this Court on 08/04/2024 is confirmed. The application is allowed in the following terms : - i] In the event the applicant is arrested in connection with FIR No.208/2022, dated 19/06/2022, registered with Manvat Police Station, District Parbhani, for the offences punishable under sections 328, 272, 273, 188 of the 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 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. 5.
In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 6.
It is also clarified that the observations made in this order are 2 of
928 ABA 564-2024 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. 7.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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