Sagar Nathji Shinde v. State Of Maharashtra
bipin prithiani 33-aba-1466.24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1466 OF 2024 Sagar Nathji Shinde ...
Applicant
Versus
The State of Maharashtra ...
Respondent ****** Mr. Meghdeep Milind Oak for the Applicant.
Ms. Megha S. Bajoria, APP for Respondent-State. ****** CORAM: MANISH PITALE, J.
DATE : 7th OCTOBER 2024 P.C. :
.
Heard learned counsel for the applicant and learned APP for the respondent-State.
2.
In this application, on 24th May 2024, this Court had granted interim order in favour of the applicant. He was directed to attend the concerned Police Station on two dates in May 2024 and to cooperate with the investigation.
3.
This Court is informed that the applicant did attend the concerned Police Station on the said dates and he has cooperated with the investigation.
4.
The applicant in the present case is apprehending arrest in BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.10.07 18:38:12 +0530 connection with FIR No. 0109 of 2024 dated 8th February 2024 registered at Vadgaon Nimbalkar Police Station, Dist. Pune, for
bipin prithiani 33-aba-1466.24.doc offences under Sections 328, 188, 272 and 273 of the Indian Penal Code, 1860 (IPC) and Sections 26(2)(i), 26(2)(ii), 26(2)(iv), 27(3) (d) and 30(2)(a) of the Food Safety and Standards Act, 2006 (FSSA).
5.
The question as to whether Section 328 of the IPC is applicable in such cases is pending before the Supreme Court and in large number of cases, the Supreme Court has been granting protection from arrest to accused persons, similarly situated like the applicant. This Court has also granted protection from arrest in similar cases.
6.
Considering the aforesaid facts, this Court is inclined to allow the present application.
7.
In view of the above, interim order dated 24th May 2024 is confirmed and the application is allowed, subject to the applicant continuing to cooperate with the investigation. He shall not influence the informant, witnesses or any person concerned with the case and he shall not tamper with the evidence. 8.
The application is disposed of.
MANISH PITALE, J.