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Bombay High CourtABA/2792/2023disposed off

Bhushan Shrikrishna Shirsat v. State Of Maharashtra

2025-10-13Hon'Ble Shri Justice Shivkumar Dige3 pages

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2792 OF 2023 Bhushan Shrikrishna Shirsat ...Applicant

Versus

State of Maharashtra

...Respondent

HARISH VITHAL CHAUDHARI ------ Mr. Tejas Hilage for the Applicant.

Ms. Veera Shinde, APP for the Respondent-State. by HARISH VITHAL CHAUDHARI Date: 2025.10.14 16:31:09 +0530 ------

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

13th OCTOBER, 2025.

P.C.

1.

By this application, applicant is apprehending arrest in crime no.71 of 2023 registered with Sindhudurgnagari Police Station, Sindhudurg for the offences punishable under Sections 26(2)(iv), 27(3)(d), 27(3)(e), 30(2)(a) and 59 of Food Safety and Standards Act, 2006 and under Section 328 of Indian Penal Code, 1860. 2.

It is the prosecution's case that on 1st September, 2023 September, 2023, on secret information, police intercepted one Bolero vehicle. In the search of said vehicle, the police found Gutka worth of Rs.7,00,000/-. It is alleged that the said Gutka was provided by the applicant.

3.

It is contention of learned counsel for the applicant that the applicant's name involved in this case on the statement of co-accused. Investigation is completed. Charge-sheet has been filed. Applicant is on interim relief from two years. He has co-operated in the investigation. Hence, custodial interrogation of the applicant is not required and requested to allow the application. 4.

It is contention of learned APP that the applicant has provided the Gutka found in Bolero vehicle. Considering the allegations against the applicant, his custodial interrogation of the applicant is required and requested to reject the application.

5.

I have heard both the learned counsel. Perused the FIR and documents produced on record.

6.

The allegations against the applicant are that he had provided the Gutka found in police raid. The applicant is on interim relief from two years. He has co-operated in the investigation. Investigation is completed. Charge-sheet has been filed against the applicant. He has no antecedents. Considering these facts, custodial interrogation of the applicant is not required and I pass following order :

ORDER

I.

Application is allowed.

II.

In the even to arrest applicant be enlarged on bail in

crime no.71 of 2023 registered with Sindhudurgnagari Police Station, Sindhudurg, on executing P. R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.

III. The applicant shall attend the Court dates regularly. IV.

The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. 7.

The application is allowed in the aforesaid terms and is accordingly disposed off.

8.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

9.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)