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MHCC020053582022
IN THE COURT OF SESSIONS AT GREATER BOMBAY
BAIL APPLICATION NO.942 OF 2022
Awaiz Mohammed Vazir Shaikh
@ Awaiz Narpali
aged 25 years,
Residing at 102,
Rashid Mansion, 4th floor,
Room No.44, Nizam Street,
Null Bazar, Mumbai – 400 003 …Applicant/accused
V/s
The State of Maharashtra
at the instance of J.J.Marg
Police station in C.R.No.147/2022 ….Respondent
Ld.Counsel Shabnam Shaikh for applicant/accused
APP Shri.Erande for State/Respondent
CORAM : H.H.J.SHRI.M.A.BHOSALE
DATE: 29/04/2022 C.R.NO.27
­­­­­­­­­­­­
ORDER
This is an application for bail filed by applicant for the
offences punishable U/sec.328,188, 272, 273 r/w 34 of IPC.,
r/w sec. 26(2)(p), 26(2)(p)(a), 27(3)(m), 3(p)(zz),(A),30(2)
(A) of Food Safety and Standard Act 2006.
2.

It is the case of prosecution that on 13/4/2022 J.J.Marg
police station received secret information that some of the
contraband article were transported in tempo bearing no.MH02­
ER­6510 for the purpose of sale in Dongri area therefore, they
caught the said tempo and found pan­masala tobacco worth of
Rs.4,23,360/­ and thereafter FIR came to be registered.
3.

On the basis of FIR, crime was registered and accused was
arrested by police produced before ld.M.M. to which he had
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granted necessary remand thereafter, he was taken into MCR.
4.

Ld.Counsel Shabnam Shaikh for applicant submitted that
the offence U/s.328 r/w sec.188 of IPC is not at all applicable to
the present crime. He further submitted that muddemal property
tempo bearing no.MH02­ER­6510 was seized by raiding party at
the time of raid and muddemal property also seized by police,
therefore, investigation in the present crime is over. Accused is
ready to cooperate with police. He is resident of Mumbai. He is
ready to furnish bail and also ready to obey any condition
imposed by the court. Lastly, it is prayed that the applicant may
kindly be released on bail.
5.

Ld.APP Erande for State opposed bail application by filing
reply Exh­2. It is submitted that large quantity of tobacco pan
masala was found in the tempo and therefore, raiding party
seized entire muddemal property. Moreover, offence is serious
in nature and if applicant be released on bail then possibility
cannot be ruled out that he may tamper the prosecution
witnesses. Lastly, it is prayed that the applicant is not entitled
for bail.
6.

After going through the submission of both sides, I drew
my attention towards record. As per the record Sec.328 of IPC is
invoked by J.J.Marg police station however, it is not the case of
prosecution that the accused intentionally stupefying article to
the public at large. But it is the case of prosecution that accused
found possession of gutkha and pan­masala. Moreover, it is
debatable whether Sec.328 of IPC is applicable in the present
matter or not. Thereafter, Sec.188 of IPC is also invoked
however, J.J.Marg police station has failed to observe the
procedure U/s.195 of Cr.P.C. inabsence of compliance of sec.195
of Cr.P.C. Sec.188 of IPC cannot be invoked however, Sec.328 or
Sec.188 of IPC is invoked or not it will be decided at the time of
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trial. In the meantime, it is the case of prosecution that the
muddemal property tempo was seized by police at the time of
raid. If accused is involved in the present crime, trial is the best
option to fix responsibility, however, trial took its own time to
fix responsibility. In the meantime, I found that except this
nothing in the reply Exh­2 to refuse bail to the present applicant.
Considering the record, I found following order would be
proper.
1.

ORDER
Bail Application No.942 of 2022 is allowed.

2.

Applicant/accused Awaiz Mohammed Vazir Shaikh @
Awaiz Narpali be released on furnishing PR Bond of
Rs.50,000/­ with one or two solvent sureties of like
amount.

3.

He shall not tamper the prosecution witness.

4.

He shall submit his address proof before Ld.M.M.

5.

He shall keep himself away from the prosecution
witnesses.

6.

He shall not leave local jurisdiction of this court till filing
chargesheet.

7.

He shall appear before Investigating officer on every
Monday, Wednesday and Friday in between 12.00 p.m. to
1.00 p.m till filing chargesheet.

8.

Bail before Ld.Metropolitan Magistrate.

9.

Bail Application No.942 of 2022 stands disposed of.

Date : 29/04/2022
(Milind A.Bhosale)
Additional Sessions Judge
City Civil & Sessions Court
Gr.Bombay
Dictated on
:
29/04/2022
HHJ Signed on
:
29/04/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
29/04/2022
5.30pm
UPLOAD DATE AND TIME
(Mrs.P. P. Khanvilkar)
NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)

SHRI M.A.BHOSALE
(C.R. No.27)
Date
of
Pronouncement
JUDGMENT/ ORDER
of
29/04/2022
JUDGMENT/ORDER signed by P.O.
on
29/04/2022
JUDGMENT/ORDER uploaded on
29/04/2022