SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

BOMBAY HIGH COURT - BENCH AT AURANGABAD
PRAKASH D. NAIK, J
PATHAN SHAFI KHAN RAHEMAT KHAN – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Anil Pawar, Mr. A. R. Syed, Mr. R.P. Mote, Mr. Chaitanya C. Deshpande, Mr.C.V. Bodkhe, Mr. P.P. More, Mr. B.N. Gadegaonkar, Mrs. Ashwini Lomte, Mr. R.R. Karpe, Mr. Manish Tripathi, Mr. S.S.Panale, Mr. N.L. Choudhari, Mr. T.M. Venjane, Mr. Mahesh Bhosale, Mrs. Ashwinin Lomte, Mr. Sagar S. Chitre, Mr. V.B. Patil, Mr. A.M. Inamdar, Mr. R.G. Hange, Mr. A.R. Syed, Mr. G.R. Syed, Mr. B.N. Gadegaonkar
For the Respondents: Mr. A.V. Deshmukh, Mr. S.B. Narwade, Mr. A.S. Shinde, Mr. V.S. Badakh

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top