Bombay High Court
Nemaram Alias Naresh Laburam ... vs The State Of Maharashtra on 23 February, 2022
Bench: C.V. Bhadang
18-aba-483-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRI. ANTICIPATORY BAIL APPLICATION NO. 483 OF 2022
Nemaram alias Naresh Laburam Devasi ..Applicant
Vs.
The State of Maharashtra ..Respondent
----
Mr. V. S. Patwa a/w. Mr. Pranav P. Pokale, for the Applicant.
Mr. S. R. Agarkar, APP for the Respondent / State.
API Uddhav R. Khade, Shirgaon Police Station, Talegaon Dabhade.
MAMTA
Digitally
signed by
MAMTA
----
AMAR KALE
AMAR Date:
KALE 2022.02.25
CORAM : C.V. BHADANG, J.
14:18:38
+0530
DATE : 23 FEBRUARY 2022
P.C.
. The Applicant apprehending arrest in connection with
investigation of Crime No.494/2021 of Police Station Talegaon
Dabhade, Pimpri Chinchwad, Pune, under Section 328, 272, 273
and 188 r/w. 34 of IPC, is seeking anticipatory bail.
2. According to the prosecution, in a raid conducted in a Silver
colour Maruti Eecho vehicle bearing No.MH-12-MR-8133
Tobacco and Pan Masala products which are banned, have been
recovered.
Mamta Kale page 1 of 3
18-aba-483-2022.doc
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. 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
Mamta Kale page 2 of 3
18-aba-483-2022.doc
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. 494/2021 of Police Station
Talegaon Dabhade, Pimpri Chinchwad, Pune, the
Applicant Nemaram alias Naresh Laburam Devasi 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 3/3/2022 and 4/3/2022 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.
Stand over to 1 April 2022.
C.V. BHADANG, J.
Mamta Kale page 3 of 3
