Subhash Mailarappa Kalshetty v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 948 ANTICIPATORY BAIL APPLICATION NO.1223 OF 2023 SUBHASH MAILARAPPA KALSHETTY

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Abhijit S. More APP for Respondent - State : Mr. G.O. Wattamwar ...

CORAM : R. M. JOSHI, J.

DATE : AUGUST 22, 2023 PER COURT :

.

Applicant apprehends arrest in connection with Crime No.232 of 2023 registered with Jamkhed Police Station, Dist. Ahmednagar for the offences punishable under Sections 328, 188, 272, 273 r/w. 34 of the Indian Penal Code.

2.

Learned counsel for the applicant states that the applicant is the seller of Gutkha from the State of Karnataka. There is no ban on manufacture and sale of Gutkha and Panmasala in the State of Karnataka and therefore, the sale of Gutkha in Karnataka State which is banned in Maharashtra will not constitute an offence against him.

1/2

3.

Considering the fact that applicant is from the State of Karnataka wherein there is no ban on manufacture and sale of Gutkha and Panmasala, no offence can be attributed against him. In view of this, following order is passed.

ORDER

(i) Application stands allowed in terms of interim relief dated 25.07.2023.

[ R. M. JOSHI ] JUDGE GGP 2/2