Bombay High Court
Naresh Mangilal Choudhary vs State Of Maharashtra on 1 March, 2022
Bench: C.V. Bhadang
10 ABA 532-22=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 532 OF 2022
Naresh Mangilal Choudhary ..Applicant
V/s.
The State of Maharashtra ..Respondent
----
Mr. Kushal More a/w Marmik Shah for the Applicant.
Mr. R.M. Pethe , APP for the Respondent/State.
API Govind Patil, Dadar Sagari Police Station, Raigad
Digitally
signed by
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SNEHA SNEHA NITIN
NITIN
CHAVAN
CHAVAN
Date:
2022.03.01
CORAM : C.V. BHADANG, J.
18:14:55
+0530
DATE : 1 MARCH 2022
P.C.
1. The Applicant, apprehending his arrest, in connection with
the investigation of Crime No. 3 of 2022 registered with Dadar
Coastal Police Station, Dist. Raigad under Section 328, 272, 273,
read with Section 34 of IPC and Section 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
the order dated 30 September 2021, passed in a batch of
1(1994) 6 Supreme Court Cases 535
Sneha Chavan page 1 of 3
10 ABA 532-22=.doc
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
before the Supreme Court in which interim protection has been
granted. Hence, the following order is passed.
Sneha Chavan page 2 of 3
10 ABA 532-22=.doc
ORDER
(i) In the event of his arrest in connection with
investigation of Crime No. 3 of 2022 registered with Dadar
Coastal Police Station, Dist. Raigad, the Applicant Naresh
Mangilal Choudhary, be released on bail on executing a P.R.
Bond in the sum of Rs.25,000/- each with one or two solvent
sureties each in the like amount.
(ii) The Applicant shall report to Investigating
Officer on 7 and 8 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 01.04.2022.
(C.V. BHADANG, J.)
Sneha Chavan page 3 of 3
