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Bombay High CourtABA/1324/2024allowed

Asif Jafar Shaikh v. The State Of Maharashtra

2024-05-14Hon'Ble Shri Justice R. N. Laddha2 pages

11-ABA-1324-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1324 OF 2024 Asif Jafar Shaikh ...Applicant

Versus

The State Of Maharashtra

...Respondent

SAYALI DEEPAK UPASANI Mr. Pramod Arjun Wadkar with Mr. Aamir Shaikh, Advocate for the Applicant.

SAYALI DEEPAK UPASANI Date: 2024.05.14 16:51:27 +0530 Ms. Kranti Hivrale, APP for the Respondent - State.

CORAM

: M.W. CHANDWANI, J.

DATE : 14th MAY, 2024.

[VACATION COURT] P.C.:

1) Heard learned Counsel appearing for the Applicant and learned APP for the State.

2) The offences punishable under Sections 328, 273, 188 of Indian Penal Code, 1860 ("IPC") and Sections 26(2)(i), 26(2)(iv), 27(1), 3(1)(zz)(iv), 59(iii), and 30(2) (a) of Food Safety and Standard Act, 2006 have been registered against the accused from whom the prohibited Gutka worth of Rs.40,00,000/- and some odd amount have been seized.

Sayali Upasani

11-ABA-1324-2024.doc 3) The allegations against the present applicant are that the said goods were being transported to the present applicant. It appears that the raid is already conducted and prohibited articles have already been seized. It appears that most part of investigation is already over. Name of the applicant is not appearing in the FIR. Considering the fact that the goods have already been seized. Prima facie, a case is made out for grant of ad-interim bail.

4) Pending the application, in the event of arrest, the applicant shall be released on bail on furnishing PR bond of Rs.50,000/-with one solvent surety in the like amount. 5) The applicant shall attend the concerned Police Station on every Friday for four weeks between 10.00 am to 12. 00 noon and co-operate in the investigation.

6) Stand over to 13th June, 2024.

(M.W. CHANDWANI, J.) Sayali Upasani