Nilesh Harakchand Lalwani vs The State Of Maharashtra
2022 Latest Caselaw 1278 Bom

                                                                    26 aba 314-22.doc




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CRIMINAL APPELLATE JURISDICTION

                       ANTICIPATORY BAIL APPLICATION NO. 314 OF 2022

                   Nilesh Harakchand Lalwani                 ..Applicant
SNEHA                   V/s.
NITIN
CHAVAN             The State of Maharashtra                  ..Respondent
Digitally signed                                 ----
                   Mr. Tushar Sonawane for the Applicant.
by SNEHA NITIN
CHAVAN
Date: 2022.02.05
10:04:33 +0530     Mr. R.M. Pethe, APP for the Respondent/State.
                   API Manojkumar Navasare, Rajgad Police Station, Pune present.
                                                 ----
                                         CORAM : C.V. BHADANG, J.

                                            DATE : 4 FEBRUARY 2022
                                            (Through Video Conferencing)


                   P.C.


                   .       The Applicant, apprehending his arrest, in connection with
                   investigation of Crime No.19/2022 of Police Station Rajgad
                   District Pune, under Section 188, 269, 273, 328 of IPC and
                   Section 26(2)(i), 26(2)(ii), 27(3)(c), 27(3)(e) and 59 of the Food
                   Safety and Standards Act, 2006 and Section 2, 3 and 4 of the
                   Epidemic Diseases Act, is seeking anticipatory bail.


                   2.      The learned counsel for the Applicant submitted that the
                   only section which is non bailable is Section 328 of IPC. The
                   learned counsel has placed reliance on the decision of the


                        Sneha Chavan                                            page 1 of 3
                                                     26 aba 314-22.doc


Supreme Court in Joseph Kurian & Anr. Vs. State of Kerala 1 and
the order dated 30 September 2021, passed in a batch of
Anticipatory Bail Applications No.944 of 2020 and others, at the
Aurangabad Bench, in order to submit that in similar
circumstances, it has been held that Section 328 of IPC may not
be attracted as there was no attempt to administer any intoxicant
or stupefying substance by the Applicant with an intention to
commit an offence. The learned counsel further pointed out that
the learned Single Judge of this Court at Mumbai has taken a
contrary view by order dated 6 November 2020 in ABA (Stamp)
No.2489/2020 which order is subject matter of challenge before
the Supreme Court in Special Leave to Appeal (Cri.)
No.6788/2021. It is pointed out that the Supreme Court by an
order dated 21 September 2021 has granted interim protection to
the Petitioner therein.


3.       Learned APP seeks time to examine and go through the
judgments on which the reliance is placed on behalf of the
Applicant and then to make appropriate submissions to further
assist the Court.


4.       Prima facie, it appears that the learned Single Judge sitting
at Aurangabad Bench, has taken a view that Section 328 of IPC
may not apply in such a case. The contrary view taken by the
Coordinate Bench at Mumbai is subject matter of challenge
1(1994) 6 Supreme Court Cases 535

     Sneha Chavan                                               page 2 of 3
                                                           26 aba 314-22.doc


before the Supreme Court in which interim protection has been
granted. Hence, the following order is passed.
                                     ORDER

i) In the event of his arrest in connection with investigation of Crime No. 19/2022 of Police Station Rajgad, District-Pune, the Applicant be released on bail on executing a P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.

ii) The Applicant shall report to Investigating Officer on 9, 10, and 11 February 2022 between 11.00 a.m. to 1.00 p.m. and as and when directed by the Investigating Officer.

iii) The Applicant shall cooperate with the Investigating Agency and shall not tamper with the prosecution evidence / witnesses.

iv) This order shall remain in force till next date.

      v)          Stand over to 18 February 2022.


                                           (C.V. BHADANG, J.)




   Sneha Chavan                                                       page 3 of 3