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Bombay High CourtABA/318/2025disposed off

Ajay Bharat Sawant v. State Of Maharashtra

2025-11-07Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 318 OF 2025 Ajay B. Sawant ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Mr. Prajakt Arjunwadkar a/w. Mr. Prathamesh Hande & Adv. J.B.Gharat for the Applicant.

Mr. P.H. Gaikwad, APP for the Respondent/State. ASI Bharat A., concerned police station is present. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

07.11.2025.

P.C. :

1.

Learned counsel for the applicant seeks leave to correct the crime number in the application. Leave as prayed for is granted. Necessary corrections be carried out forthwith. 2.

This is an application for anticipatory bail. 3.

The applicant is apprehending his arrest in Crime No. 353 of 2017 registered at Manpada Police Station, Thane for the offences punishable under Sections 265, 267, 420, 465, 468, 471, 473 read with 34 of the Indian Penal Code (IPC), Sections 3,7,8 and 9 of the Essential Commodities Act, 1955 and Rule 3(6) of the Motors Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005.

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4.

It is the case of the prosecution that in 2017, certain raids were conducted by the Crime Branch, Thane on several petrol pumps throughout Maharashtra. Pursuant to the said raids, present crime came to be registered. Subsequently, on 24th July a similar raid was conducted on the petrol pump of the applicant. During the raid, the dispensing units i.e., Pulsar Electronic Kit/Card, installed at the applicant's petrol pump was found to be tampered with, thereby fraudulently providing less petrol/diesel to the customers on the petrol pump.

5.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 6.

Learned counsel for the applicant submits that either Sessions Court or this Court has released some of the co-accused on anticipatory bail. It is submitted that the prosecution has already filed the charge-sheet against some of the co-accused. Learned counsel for the applicant has drawn my attention to the order dated 5th December 2017 in Criminal Writ Petition No.937 of 2017 and other connected petitions. By the said order, further proceedings arising out of present crime have been stayed. 7.

Learned APP for the respondent/State has not disputed the fact about grant of anticipatory bail to the similarly circumstanced co-accused. In that view of the matter, I am inclined to release the applicant on anticipatory bail. In the result the following order is passed.

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ORDER

A) The Application is allowed.

B) In the event of arrest of the applicant in C.R. No. 353 of 2017 registered at Manpada Police Station, Thane for the offences punishable under Sections 265, 267, 420, 465, 468, 471, 473 read with 34 of the Indian Penal Code (IPC), Sections 3,7,8 and 9 of the Essential Commodities Act, 1955 and Rule 3(6) of the Motors Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005, he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount.

[N.R.BORKAR, J.] 3/3