Arjun Dilip Gavhale vs The State Of Maharashtra
2022 Latest Caselaw 8326 Bom

P.H. Jayani                                          906 ABA2308.2022.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

              ANTICIPATORY BAIL APPLICATION NO. 2308 OF 2022

Arjun Dilip Gavhale                              .... Applicant
            v/s.
The State of Maharashtra                         .... Respondent

Mr. Ghanshyam Jadhav for the Applicant.
Ms. S.S. Kaushik, APP for the State.

                           CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 24th AUGUST, 2022.

P. C. :-

. This is an Application under section 438 of Cr.P.C. for pre-arrest

bail in C.R.No.I-122/2022 registered with Baramati City Police Station,

Dist. Pune for offences punishable under sections 328 r/w. 34 of the

Indian Penal Code and sections 65(e) and 65(f) of Maharashtra

Prohibition Act, 1949.

2. Heard learned counsel for the Applicant and learned APP for the

State. I have perused the records and considered the submissions

advanced by the learned counsel for the respective parties.

3. The allegations against the Applicant and the other co-accused

are that they were caught manufacturing and selling country made

P.H. Jayani 906 ABA2308.2022.doc

liquor. The Applicant and the other co-accused have been charged for

offence under section 328 of the Indian Penal Code. It is stated that

the matter pertaining to the interpretation of Section 328 of the Indian

Penal Code, arising out of the judgment of this Court in Chourasia,

which is pending before the Hon'ble Supreme Court.

4. In view of the matter, till the next date of hearing, the Applicant

is granted interim protection. Hence, the following order :-

(a) In the event of arrest of the Applicant in C.R.No.I-

122/2022 registered with Baramati City Police Station, Dist.

Pune, he shall be released on interim bail, on furnishing P.R.

bonds in the sum of Rs.25,000/- with one or more sureties in

the like amount ;

(b) The Applicant shall report to the Investigating Officer

for three days from 29/08/2022 from 10:00 a.m. to 01:00

p.m.

(c) The Applicant shall not interfere with the complainant

and the other prosecution witnesses and shall not tamper with

the evidence or attempt to influence or contact the

P.H. Jayani 906 ABA2308.2022.doc

complainant, witnesses or any person concerned with the case

in any manner ;

(d) The Applicant shall keep the Investigating Officer

informed of his current address and mobile contact numbers,

and/or change of residence or mobile details, if any, from time

to time.

5. Stand over to 12/09/2022.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by PREETI H JAYANI Date: 2022.08.26 17:19:19 +0530