Bombay High Court
Hussain Appalal Bagwan vs The State Of Maharashtra on 22 May, 2026
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RUPALI 3-ABA-1260-2026.doc
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2026.05.22
20:11:06
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1260 OF 2026
Hussain Appalal Bagwan ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. N.K.Sharma for the Applicant.
Mr. M.S.Sonawane, A.P.P for the Respondent-State.
PSI - Mr. A.P.Shinde attached to Faraskhana Police Station, Pune City,
present.
CORAM : SANDESH D. PATIL, J.
DATE : 22nd MAY, 2026
(VACATION COURT)
P.C. :
1. The present application is moved by the applicant praying
for pre-arrest bail in connection with C.R.No. 173 of 2026 registered
with Kopri Police Station, Thane, for the offences punishable under
Sections 3, 5, 6, 7 and 9 of the Essential Commodities Act, 1955 and
Sections 2(e)(ii), 2(e)(v) and 3 of the Motor Spirit & High Speed
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Diesel (Regulation of Supply and Distribution and Prevention of
Malpractices ) Order, 1998.
2. The case of the prosecution is that the complainant who is
serving as a Supply Officer, on receipt of information from Kopri
Police Station regarding a suspicious tanker, had visited and
intercepted the tanker bearing registration MH46-CU-7536 which
was allegedly found transporting petroleum product. Upon inspection
of the tanker in presence of the panch witness, the seal of the tanker
was found tampered. The driver of the tanker allegedly failed to
produce any valid bill or documents pertaining to the diesel being
transported. The driver disclosed that he was acting as per the
instructions of the owner of the tanker.
3. Learned Counsel, Mr. Sharma for the applicant states that
as on today the tanker is sealed and is in possession of the prosecution.
He states that the sample of the contents inside the tanker is already
sent for Chemical Analysis and report of the same is awaited. He
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states that he is ready and willing to co-operate with the prosecution
and attend the Police Station as and when called for. He states that
custodial interrogation of the applicant is not necessary.
4. Mr. Sonawane, learned APP appearing for the Respondent
No.1 states that the investigating Officer is required to gather
information from where the spirit/diesel was collected and where the
tanker was leading to. He states that custodial interrogation is
therefore, necessary.
5. Heard the learned Counsel for the applicant as well as the
learned APP for the State.
6. It is clear that the tanker is already sealed. The contents
therein are sent to the laboratory for analysis. The custodial
interrogation of the applicant is, therefore, not necessary at this
juncture.
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7. In the meantime, till the next date, the applicant is granted
interim protection on the following terms and conditions :
ORDER
(i) In the event of arrest, the applicant - Hussain Appalal Bagwan, shall be released on bail in connection with C.R.No. 173 of 2026 registered with Kopri Police Station, Thane, on 16th April, 2026, for the offences punishable under Sections 3, 5, 6, 7 and 9 of the Essential Commodities Act, 1955 and Sections 2(e)(ii), 2(e)(v) and 3 of the Motor spirit & High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices ) Order, 1998, on furnishing P.R. bond in the sum of Rs.50,000/-, with one or two solvent sureties in the like amount.
(ii) The applicant shall report to the Investigating Officer of the concerned Police Station for a period from 26 th May, 2026 to 29th May, 2026 between 10.00 a.m. to 1.00 p.m.
8. Stand over to 19th June, 2026.
SANDESH D. PATIL, J.
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