Sayyed Aamer Sayyed Khamar v. The State Of Maharashtra And Another

930-ABA-1126-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1126 OF 2022 SAYYED AAMER SAYYED KHAMAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. R. R. Shaikh APP for Respondents : Mr. K. S. Patil ...

CORAM :

S. G. MEHARE, J.

DATE :

14-09-2022 PER COURT :- 1.

Heard the learned for the applicant and the learned A.P.P. for the respondents.

2.

The facts have been discussed in detail in the order dated 25.08.2022. In view of the facts of the case and the issue as regards the applicability of Section 328 of the Indian Penal Code, in cases of Gutka, the prosecution has no case for custodial interrogation. Hence, the application deserves to be allowed. i) The application is allowed.

ii) The interim protection granted to the applicant by order dated 25.08.2022 is confirmed on the same terms and conditions. ( S. G. MEHARE ) JUDGE rrd