Nagesh Rajshekhar Mense vs State Of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 1098

PRAKASH D. NAIK
Nagesh Rajshekhar Mense – Appellant
Versus
State Of Maharashtra – Respondent

Advocates appeared:
Raja Thakare, Advocate, Gopal N.Parab, Advocate, A.A.Palkar, Advocate, Mahendra N.Sandhyanshiv, Advocate, Rupesh A.Zade, Advocate, Veerdhval Kakade, Advocate, Aniket Nikam, Advocate, Amit Icham, Advocate, Vivek Arote, Advocate, Abhishek Kulkarni, Advocate, V.V.Gangurde, Advocate, Rui Danawala, Advocate, Umesh R.Mankapure, Advocate, Ritesh Thobde, Advocate, Priyal G.Sards, Advocate, Prashant S.Hagare, Advocate, Kuldeep S.Patil, Advocate, Saili N.Dhuru, Advocate, Imran Shaikh, Advocate, N.B.Patil, Advocate, V.V.Purwant, Advocate, Tushar Sonawane, Advocate, Rajaram V.Bansode, Advocate, Vimal Kumar Patwa, Advocate, Pranav Pokhale, Advocate, Tanmay Karwa, Advocate, P.N.Dabholkar, Advocate, Rahul B.Vijaymane, Advocate, Kushal Mor, Advocate, Kunal Bilanay, Advocate, Sana Raees Khan, Advocate, Aditya Parmar, Advocate, Shreyas P.Baraswade, Advocate

JUDGMENT

PRAKASH D.NAIK,J. - These applications are preferred under Sec. 438 of Code of Criminal Procedure (for short "Cr.P.C.") seeking anticipatory bail in connection with First Information Reports (for short "FIR") for the offences under Ss. 26(2)(iv), 27(3)(d), 27(3)(c), 30(2)(a) and Ss. 3, 59 of the Food Safety and Standards Act, 2006 (for short "FSS Act") and Ss. 188, 272, 273, 328 Indian Penal Code (for short "IPC").

2. Since common issues are involved in all these applications, they were heard together and disposed off by common order.

3. The common grounds urged in these applications seeking anticipatory bail are as follows :

i) Except Sec. 328 of IPC all the other offences are bailable in nature.

ii) The offence under Sec. 328 of IPC is not attracted and applicable in the present cases.

iii) Custodial interrogation of the applicants is not necessary.

4. Learned Advocate in ABA No. 799 OF 2022 submitted that, the applicant is apprehending arrest in C.R. No. 579 of 2021 registered with Jodbhavi Police Station for offences under Ss. 188, 272, 273, 328 of IPC and Sec. 59 of FSS Act. It is submitted that, the applicant was not found in possession of any article. Co-accused has

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2023 Supreme(Bom) 1098

PRAKASH D. NAIKNagesh Rajshekhar Mense – AppellantVersusState Of Maharashtra – Respondent

Cases Referred (2)

PRAKASH D. NAIK
Nagesh Rajshekhar Mense – Appellant
Versus
State Of Maharashtra – Respondent