Shri Rahim Kamal Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3642 OF 2024 Shri Rahim Kamal Shaikh ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mr. Uday Warunjikar with Sonali Chavan and Dattaram Bile, for the applicant.

Ms. Geeta Mulekar, APP, for the Respondent / State. Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.11.18 16:34:37 +0530

CORAM

:

ANIL S. KILOR, J.

VARSHA DEEPAK GAIKWAD DATE :

14TH NOVEMBER, 2024.

PC:

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.203 of 2024, registered with Chikhali Police Station, Pimpri Chinchwad, Pune for the offences punishable under Sections 120-B, 328 r/w 34 of the Indian Penal Code.

3.

The allegation against the applicant is that he was the supplier of 'Samosas' to the Catalyst Company and in some of the 'Samosas' supplied allegedly condoms, guthkhas and stones were found and therefore, the present crime was registered.

4.

The applicant is the earlier contractor and against the applicant the allegations are of conspiracy. There is nothing to prima facie show such conspiracy.

5.

In the circumstances, considering the period of incarceration of the applicant i.e. about 5 months, I am the opinion that further custody of the applicant is not necessary. 6.

In the circumstance, I pass the following order:

ORDER

i) Criminal application is allowed;

ii) It is directed that the applicant shall be released on bail in Crime No.203 of 2024, registered with Chikhali Police Station, Pimpri Chinchwad, Pune for the offences punishable under Sections 120-B, 328 r/w 34 of the Indian Penal Code, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount; iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

iv) Liberty is granted to the State to apply for cancellation of bail in case of any breach of condition or misuse of liberty by the applicant.

v) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.

7.

The application is disposed of .

(ANIL S. KILOR, J)