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Bombay High CourtABA/2463/2025allowed

Samir Alias Mohammed Muzammil Ayyub Kampli And ANR. v. State Of Maharashtra

2025-12-04Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2463 OF 2025 1.

Samir Alias Mohammed Muzammil Ayyub Kampli 2.

Salim Painter @ Salim Akbar Shaikh ...Applicants

Versus

State of Maharashtra

...Respondent

HARISH VITHAL CHAUDHARI by HARISH VITHAL CHAUDHARI Date:

2025.12.05 18:18:09 +0530 .....

Mr. Sajid A. Bagwan i/b Pritesh A. Kharade for the Applicants. Smt. P. S. Rane APP for the Respondent-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

4th DECEMBER, 2025 P.C.

1.

The applicants are apprehending arrest in Crime No.181 of 2023 registered with Solapur City Police Station, Dist. Solapur for the offences punishable under Sections 328, 188, 272 and 273 of Indian Penal Code, 1860 and under Sections 26(2)(i), 26(2)(iv), 27(3)(e), 3(1)(zz)(iv) and 59 of Food Safety and Standards Act, 2006. 2.

It is prosecution's case that on 25th March, 2023 while patrolling, the police intercepted one Swift Dezire car and in the search of the said car, the police found Gutka. It is alleged that the said Gutka was supposed to be transported to the applicants.

3.

It is contention of learned counsel for applicants that the investigation is completed, charge-sheet has been filed. It may take time to conclude the trial. Considering the allegations against the applicants their custodial interrogation is not required and requested to allow the application.

4.

It is contention of learned APP that the Gutka seized by the police supposed to be transported to the applicants. Applicants are absconding since lodging the FIR. Considering the allegations against the applicants their custodial interrogation is required and requested to reject the application.

5.

I have heard both the learned counsels, perused the FIR and documents produced on record.

6.

The incident is of the year 2023. Investigation is completed, charge-sheet has been filed. It may take time to conclude the trial. Considering the allegations against the applicants their custodial interrogation is not required and I pass the following order.

ORDER

I.

Application is allowed;

II.

In the event of arrest, the applicants be enlarged on bail in Crime No.181 of 2023 registered with Solapur City Police Station, Dist. Solapur on executing P.R.Bond in the sum of Rs.20,000/- each with one or two sureties

in the like amount;

III. The applicants shall attend the court dates regularly. 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 anticipatory 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.)