Malhari Tamanna Waghmare v. The State Of Maharashtra

32-ABA-2362-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2362 OF 2025 Malhari Tamanna Waghmare ... Applicant

Versus

The State of Maharashtra ... Respondent *** Mr. Rajendra Maruti Mane a/w Mr. Rajiv Lale, Ms. Salma Nadaf, Pradnya, Kedar Mane and Ramesh Mohite, for the Applicant. Mr. Avinash A. Naik, A.P.P, for Respondent - State. ***

CORAM

: M. W. CHANDWANI, J.

DATE : 20th APRIL, 2026.

by SHAILAJA SHRIKANT HALKUDE Date:

2026.04.21 17:39:16 +0530 SHAILAJA SHRIKANT HALKUDE P. C. :

1.

The Applicant is apprehending arrest in connection with Crime No.108 of 2025 registered with Velapur Police Station, District Solapur (Rural) for the offences punishable under sections 318 (4), 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and under sections 2,3, and 7 of the Essential Commodities Act and under sections 4,5,7,8,14, 19, 21, 35 (1) (a), 31 (1) (b) of the Fertilizer (Control) Order, 1985.

2.

Heard the learned counsel for the Applicant and the learned A.P.P, for Respondent - State.

3.

Having perused the case diary, it appears that on 17th December 2024, the complainant, i.e., the Fertilizer Inspector, inspected Ghadge Krushi Seva Shailaja

32-ABA-2362-2025.doc Kendra and found non-compliance of various provisions of the Fertilizer (Control) Order, 1985. The Inspector also drew and seized a sample of fertilizer from the said shop and forwarded the same for chemical analysis. Upon analysis, the sample was found to be of substandard quality. Consequently, the present complaint came to be lodged against the Applicant as well as the co-accused, being the Proprietor of Ghadge Krushi Seva Kendra.

4.

It appears that the investigation has already concluded, and the substandard fertilizer has already been seized. 5.

Learned APP submits that the Applicant, during the subsistence of adinterim protection, had appeared before the concerned Police Station and has co-operated with the investigation. He further submits that no recovery is required to be effected from the present Applicant. The offence is punishable with imprisonment up to seven years.

6.

Considering the aforesaid facts and the submission made by the learned A.P.P, a case is made out for confirmation of the interim order dated 27th January, 2026. Hence, the following order: (i) The Application is allowed.

(ii) The interim order dated 27th January, 2026 is hereby confirmed. (iii) The Applicant shall appear before the concerned Police station as and when directed by the Investigating Officer.

7.

With this, the Application stands disposed of. [M. W. CHANDWANI, J.] Shailaja