BOMBAY HIGH COURT - BENCH AT AURANGABAD
PRAKASH D. NAIK, J
PATHAN SHAFI KHAN RAHEMAT KHAN – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
COMMON ORDER :
1. These applications are preferred under Section 438 of the Code of Criminal Procedure (for short “Cr.P.C.”) seeking anticipatory bail in connection with the First Information Reports (for short “F.I.R.”) against them. In all these applications, the offences were registered under Sections 26 (2) (iv), 27 (3) (d), 27 (3) c), 30 (2) (a), Sections 3, 59 of the Food Safety and Standards Act , 2006 and under Sections 188 , 272, 273, 328 of the Indian Penal Code (for short “I.P.C.”).
2. Since common question is involved in all these applications, they were heard together and disposed of by common order.
3. The common grounds urged in these applications seeking anticipatory bail are as follows :
(I) The police officer could not have registered offences punishable under Sections 188 , 272, 273, 328 of the I.P.C. since the Food Safety Standards Act makes the provision for initiating action for such acts and recourse could have been taken under the said provisions only.
(ii) Except Section 328 of I.P.C. all the other offences are bailable in nature.
(iii) The offence under Section 328 of I.P.C. is not attracted applicable in the facts of these cases.
4. Learned Advocate for the
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.