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Bombay High CourtBA/858/2023allowed

Md. Maqsood Md. Mansoor Parekh v. State Of Mah. Thr. Pso, Shirpur Ps, Shirpur, Tq. Wani, Dist. Yavatmal

2023-09-08Hon'Ble Shri Justice M. W. Chandwani3 pages

2023:BHC-NAG:13406

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 858 OF 2023 Md. Maqsood Md. Mansoor Parekh Vs. State of Maharashtra AND CRIMINAL APPLICATION (BA) NO. 859 OF 2023 Pravin S/o Ambadas Gohokar Vs. State of Maharashtra __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri S. Mohta, Advocate for applicants.

Shri A.M. Kadukar, APP for non-applicant/State. CORAM :

M.W. CHANDWANI, J.

DATE : SEPTEMBER 08, 2023.

Since both applications are arising out of same crime therefore they are being disposed of by this common order. 2.

Learned APP tendered reply, in both applications, across the bar, which is taken on record.

3.

The applicants are seeking bail in connection with Crime No.278/2023 registered with Police Station, Shirpur, Taluka Shirpur, District Yavatmal for the offences punishable under Sections 188, 272, 273, 328 read with Section 34 of the Indian Penal Code and Section 26(2)(i), 27(3), 30(2) (a), 59 of the Food Safety and Standard Act, 2006. 4.

Heard learned counsel for the applicants as well as learned APP for the State. On perusal of the case diary would show that on 26.07.2023 police officials of the local

Crime Branch, Wani received secret information that contraband articles viz. Gutkha, scented tobacco, and scented betel nut are being transported through a vehicle bearing registration No.MH34AM2520. Therefore, the said vehicle has been intercepted and found contraband articles worth Rs.2,42,350/-. The said vehicle was driven by the applicant -Pravin. Accordingly, the contraband articles and vehicle were seized from the present applicants. During interrogation, it was revealed that Pravin Gohokar Ghas had procured the material from Mohammad Maksood Parekh. 5.

The record further shows that the investigation is almost over and contraband articles, vehicle and mobile phone from the present applicants have already been seized. Considering these aspect and the nature of allegations against the present applicants, a case is made out for grant of bail. Accordingly, I proceed to pass the following order:

ORDER

i.

Both criminal applications are allowed.

ii.

The applicants - Md. Maqsood Md. Mansoor Parekh and Pravin s/o Ambadas Gohokar be released on bail in connection with Crime No.278/2023 registered with Police Station, Shirpur, Taluka Shirpur, District Yavatmal for the offences punishable under Sections 188, 272, 273, 328 read with Section 34 of

the Indian Penal Code and Section 26(2)(i), 27(3), 30(2)(a), 59 of the Food Safety and Standard Act, 2006, on executing PR bond in the sum of 25,000/- ₹ each with one solvent surety in the like amount. iii.

The applicants shall furnish the cellphone number and address with address proof. In addition, the applicants shall also furnish the names of two relatives and their address with address proof. iv.

The applicants shall not tamper with the prosecution evidence or shall not induce, threaten or pressurize any witness, who are connected with the crime.

The applications are disposed of in the above terms.

JUDGE Wagh