8-ABA1808-21.DOC

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 1808 OF 2021

Rakesh Kakasaheb Suryawanshi

...Applicant

Versus

The State of Maharashtra

…Respondent

Mr. Rakesh Patil, for the Applicant.

Mr. A. A. Palkar, APP for the State.

CORAM:

N. J. JAMADAR, J.

DATED :

21^st JUNE, 2022

ORDER:-

1.

Heard the learned Counsel for the applicant and the

learned APP for the State.

2.

This is an application for pre-arrest bail in connection with

CR No.211 of 2021, registered with Tasgaon Police Station for the

offences punishable under Sections 188, 272, 273 and 328 of

the Indian Penal Code, 1860 (“the Penal Code”) and Section 59

of the Food Safty and Standards Act, 2006.

3.

The applicant is the registered owner of the vehicle bearing

registration No. MH-10/CR-3575 in which the contraband

articles were allegedly being transported, when the police party

intercepted the same and seized the contraband tobacco

products.

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SANTOSH

SUBHASH

KULKARNI

Digitally signed by

SANTOSH

SUBHASH

KULKARNI

Date: 2022.06.22

10:53:05 +0530

8-ABA1808-21.DOC

4.

By an order dated 12^th August, 2021, this Court was

persuaded to grant interim protection to the applicant. The

learned Counsel for the applicant invited the attention of the

Court to a Vehicle Rental Agreement dated 31^st March, 2021

executed between the applicant and Vishal Vibhute, the co-

accused, who was arrested and released on bail by the learned

Additional Sessions Judge, Sangli, by an order dated 26^th April,

2021, to bolster up the case that the applicant had no concern

with the alleged transportation of the contraband articles.

5.

I have perused the allegations in the FIR and the material

on record.

6.

The entire consignment of the contraband articles appears

to have been seized. The role attributed to the applicant is that

of being the owner of the vehicle in which the contraband

articles were being allegedly transported. The applicant has

placed on record, prima facie, material to indicate that the

vehicle was not in his control at the relevant point of time. In

the aforesaid view of the matter, a prima facie case for exercise

of the discretion is made out. In any event, custodial

interrogation of the applicant is not warranted.

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8-ABA1808-21.DOC

7.

Hence, the following order:

: O R D E R :

(i)

Application stands allowed.

(ii)

In the event of arrest of the applicant in CR No.211 of

2021, registered with Tasgaon Police Station, he be

released on bail on executing a PR Bond in the sum of

Rs.25,000/- and one or two sureties in the like amount.

(iii)

The applicant shall not tamper with the prosecution

evidence and/or give threat or inducement to any of the

prosecution witnesses.

(iv)

The applicant shall regularly attend the proceedings

before the jurisdictional Court.

(v)

The applicant shall not indulge in the activity like

the one for which he has been arraigned in this case.

[N. J. JAMADAR, J.]

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