Arun Raosaheb Khot vs State Of Maharashtra
2022 Latest Caselaw 1109 Bom

                                                                            9 aba 226-22.doc




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CRIMINAL APPELLATE JURISDICTION

                    ANTICIPATORY BAIL APPLICATION NO. 226 OF 2022
SNEHA
NITIN              Arun Raosaheb Khot                                 ..Applicant
CHAVAN
Digitally signed
                        V/s.
by SNEHA NITIN
CHAVAN             The State of Maharashtra                           ..Respondent
Date: 2022.01.31
17:22:25 +0530                                   ----
                   Ms. Sana Khan i/b Hulyalkar and Associates for the Applicant.
                   Mr. Y.Y. Dabke, APP for the Respondent/State.
                                                 ----
                                         CORAM : C.V. BHADANG, J.

                                                       DATE : 31 JANUARY 2022
                                                       (Through Video Conferencing)


                   P.C.


                   1.       The Applicant apprehending arrest in connection with the
                   investigation of Crime No. 34 of 2022 of Police Station
                   Hadapsar, District Pune under Section 272, 273, 328 read with
                   Section 34of IPC and Section 26 (2) (i), 26(2)(iv) and 59 of the
                   Food Safety and Standards Act, 2006, 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
                   Supreme Court in Joseph Kurian & Anr. Vs. State of Kerala 1 and

                   1(1994) 6 Supreme Court Cases 535

                        Sneha Chavan                                                    page 1 of 3
                                                    9 aba 226-22.doc


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.


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




     Sneha Chavan                                              page 2 of 3
                                                            9 aba 226-22.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 the investigation of Crime No. 34 of 2022 of Police Station Hadapsar, District Pune, the applicant shall be released on bail on executing a PR Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.

ii) The applicant shall report to the Investigating Officer on 7th and 8th February 2022 between 11.00 a.m. to 1.00 p.m. and as and when required by the Investigating Officer.

iii) The applicant shall co-operate with the Investigating Agency and shall not tamper with the prosecution evidence/witnesses.

iv) In the event of breach of any of the conditions, the interim protection is liable to be vacated.

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

6. Stand over to 18.02.2022.

                                             (C.V. BHADANG, J.)




     Sneha Chavan                                                      page 3 of 3