Ashpak Mehabub Shaikh And Another v. The State Of Maharashtra
2024:BHC-AUG:28191 1 77
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 77 ANTICIPATORY BAIL APPLICATION NO. 873 OF 2024 SHAIKH SADDAM SHAIKH MEHABUB
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant :
Mr. Barhate Patil Avinash N. h/f. Mr. Chapalgaonkar Shailesh S APP for Respondent/State: Mrs. M. L. Sangit ...
WITH ...
ANTICIPATORY BAIL APPLICATION NO. 874 OF 2024
1. ASHPAK MEHABUB SHAIKH
2. MOHASIN MEHABUB SHAIKH
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Barhate Patil Avinash N. APP for Respondent/State: Mrs. M. L. Sangit ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 02nd DECEMBER, 2024 PER COURT:
1] Heard learned counsel for the applicants and the learned APP for the respondent-State.
2] The applicants are apprehending arrest in connection with Crime No.0128/2024, dated 26.04.2024, registered at Waluj Police
2 77 Station, District Aurangabad, for the offences punishable under Sections 272, 273, 328, 188 and 34 of IPC & Section 59 of Food Safety and Standards Act, 2006.
3] The learned counsel for the applicants submits that 5 accused are already granted bail in the matter. 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 IPC, all other offences are bailable.
6] In view of the same, the earlier protection granted by order dated 28.05.2024 stands confirmed on following conditions: i] The applicants in all aforesaid Anticipatory Bail Applications shall attend the police station as and when called by the Investigating Officer.
3 77 ii] The applicants in all aforesaid Anticipatory Bail Applications shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.
iii] The applicants in all aforesaid Anticipatory Bail Applications shall co-operate with the investigation and also in the proceedings before the trial Court.
7] In the event, the applicants 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 applications and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove. 9] The applications stand disposed of.
[ARUN R. PEDNEKER, J.] marathe