Bombay High Court
Maharudra Narayan Mule vs The State Of Maharashtra on 14 June, 2022
Bench: S. G. Mehare
959-ba-499-2022.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
959 BAIL APPLICATION NO.499 OF 2022
Maharudra Narayan Mule ...Applicant
VERSUS
The State of Maharashtra ...Respondent
...
Advocate for Applicant : Mr. Salunke Sudarshan J
APP for Respondent/State : Mr. V.S. Badakh
...
CORAM : S.G. MEHARE, J.
DATED : 14th JUNE, 2022.
PER COURT:-
1. Heard learned counsel for the applicant and learned APP
for the State.
2. The applicant has been behind bars since 15.12.2021 for
the offence punishable under Sections 272, 273, 328, of Indian Penal
Code r/w 130(i), 177 of Motor Vehicle Act, 1988. It has been alleged
against the accused that he has stored the Gutkha in the godown
hired on rent. The Gutkha worth more than Rs.70,00,000/- was
recovered from the warehouse in a raid.
3. Learned counsel for the applicant would submit that in
no case Section 328 of the Indian Penal Code would be attracted;
however, the dispute as regards the applicability of Section 328 is
subjudice before the Apex Court. He also fairly pointed out that some
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judgments are in his favour, and some are against him. However, the
facts of this case may be considered. He would submit that the
applicant has been behind bars for around six months. The material
investigation is over, and nothing is to be recovered from him. He is
ready to abide by the conditions if he would be enlarged on bail.
4. Learned APP strongly opposed the application contending
that this is an offence against the society. Gutkha claimed many lives
of youths and citizens. Cancer cases due to tobacco are rapidly rising.
There were antecedents at the discredit of the applicant. A huge
quantity of Gutkha was found stored by the applicant in a hired
warehouse. Considering the gravity of the offence, it would not be
safe to release the accused on bail.
5. It is not in dispute that the business of selling Gutkha in
the State of Maharashtra has been prohibited long back.
Unfortunately, some greedy people are still involved in the smuggling
of Gutkha, which is harmful to the health of human beings. Be that as
it may, the raid was successful, and the Gutkha worth more than
Rs.70,00,000/- was seized. In the present case, the previous
antecedents may not be the ground to decline the bail.
6. Having regard to the issue involved in this case and the
progress in the investigation, there would be no propriety in keeping
the applicant behind bars. However, to guard the apprehension of the
prosecution, certain stringent conditions may be imposed. Hence, the
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following order :
ORDER
I) The application is allowed.
II) The applicant, Maharudra Narayan Mule shall be released on
bail in Crime No.197/2021 for the offence punishable under Sections
272, 273, 328, of Indian Penal Code r/w 130(i), 177 of Motor Vehicle
Act, 1988 registered with Pimpalner Police Station, District Beed on
executing P.B. and S.B. of Rs.2,00,000/- (Two Lakhs) with one or two
solvent sureties in the like amount, on the condition that
a) He shall not temper with the prosecution evidence.
b) He shall not indulge in the same type of offence.
III) Bail before the learned trial Court.
IV) Hamdast allowed.
(S.G. MEHARE, J.)
Mujaheed//
