Bombay High Court
Bharat Sukhdev Dhobale vs The State Of Maharashtra on 21 February, 2022
Bench: C.V. Bhadang
12-aba-60-2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.60 OF 2022
Bharat Sukhdev Dhobale ...Applicant
Vs.
The State of Maharashtra ... Respondent
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Mr.Prashant M. Patil for the Applicant.
Mr.Y.Y. Dabke, APP for the Respondent-State.
Digitally signed by
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NILAM
SANTOSH
NILAM SANTOSH
KAMBLE CORAM : C.V. BHADANG, J.
Date: 2022.02.21
KAMBLE 17:06:43 +0530
DATE : 21 FEBRUARY 2022
P.C.
. The Applicant apprehending arrest in connection
with investigation of Crime No.66 of 2021 of Police Station
Manchar, under Section 188, 272, 273, 328 of IPC and Section
26(2)(ii), 26(4) of the Food Safety and Standards Act, 2006 and
Section 65(E) , 65(A), 68(B) of the Maharashtra Liquor
Prohibition Act, 1949, is seeking anticipatory bail.
2. According to the prosecution, a raid was conducted at
the shop of the Applicant in which Tobacco and Pan Masala
products which are banned, have been recovered worth
Rs.9,763/-.
N.S. Kamble page 1 of 3
12-aba-60-2022
3. 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
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.
4. The 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.
1(1994) 6 Supreme Court Cases 535
N.S. Kamble page 2 of 3
12-aba-60-2022
5. 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
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.66 of 2021 of Police
Station Manchar, 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 28 February 2022 and 1 March 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 1 April 2022.
C.V. BHADANG, J.
N.S. Kamble page 3 of 3
