Syed Sohel Syed Mehmood v. The Commissioner Of Police Aurangabad And Another

2024:BHC-AUG:11419

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 734 OF 2024 Syed Sohel Syed Mehmood

VERSUS

The Commissioner Of Police Aurangabad And Another Mr. A. R. Borulkar, Advocate for the applicant Mrs. K. R. Jamdhade, APP for the respondent/State CORAM : R. M. JOSHI, J.

DATE : 21st JUNE, 2024 PER COURT :- 1.

Applicant apprehends arrest in connection with Crime No. 25/2024 registered with Jinsi Police Station, Dist. Aurangabad for the offences punishable under Section 328, 273, 188 of IPC, 26(1), 26(2) (iv), 27(3)(d), 27(3)(e), 30(2)(a), 59 of Food Safety and Standard Act and 7(2) of the Cigarette and other Tobacco Products (Prohibition on Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act.

2.

It is the contention of the learned counsel for the applicant that the name of the applicant does not appear in the first information report to be the person from whose custody the contraband articles are seized. The solemn statement is made that he has no criminal history 904.aba734.24.odt

and he never involved in similar crime. Learned APP opposed the application by contending that during the course of the investigation name of the applicant has revealed as supplier of the contraband articles and hence, he is not entitled for anticipatory bail. 3.

There is no dispute about the fact that the contraband articles seized at the spot were not from present applicant. There is criminal history against him. Having regard to the said facts the liberty of the applicant deserves to be protected. Hence, application is allowed in interim order dated 15th May, 2024.

(R. M. JOSHI, J.) ssp 904.aba734.24.odt