(Order below Exh.1) A.B.A.No.1081/2022 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK ANTICIPATORY BAIL APPLICATION NO.1081 OF 2022

Sou.Anita Gopala Lahange, ]
age – 45 yrs.]
r/o. A/p.Wadivarhe, Tal.Igatpuri, ]
dist.Nashik. ] .. Applicant/accused

V/s.

The State of Maharashtra ]
Through– P.I. Wadivarhe Police ]
Station) ] ..Respondent/prosecution

Advocate Shri.S.V.Bhate for the applicant/accused.

APP Shri.Kadave for the State.

ORDER BELOW EXH.1

This is an application filed under Section 438 of the Criminal Procedure Code for offence registered at Wadivarhe Police Station in C.R.No.129/2022 under Sections 3 & 7 of Essential Commodities Act, 1955
r/w. 34 of the Indian Penal Code.

2.Facts of the prosecution case is that on 30.08.2022 applicant/accused alongwith co-accused Anita Gopal Lahange in furtherance of common intention at about 9.15 a.m. tried to sell in black market 32
gunny bags of rice each weight 50 K.G. and 33 gunny bags of wheat each weight 50 K.G. amounting to Rs.49,000/- of Ration Shop No.111, Gadgad Sangvi which where kept in Tata Company Chota Hatti bearing No.MH-05- DR-2536. When the Deputy Sarpanch Ratan Shinde of village Gadgad Sangavi by telephonic call inform the Supply Officer Bharat Bhawsar (informant) about the abovesaid fact therefore, he reached to the spot and prepared seizure panchnama and sealed the muddemal in presence of panch witnesses. Accordingly, offence under Sections 3 & 7 of Essential Commodities Act, 1955 r/w. 34 of the Indian Penal Code is registered with Wadivarhe Police Station.

3.The facts of the applicant’s case is that, she is falsely implicated in this case. Entire complaint is silent about role of applicant. Shop no.122 is owned by applicant and shop no.111 of Mr.Mate is attached to her shop by Supply Inspector without her permission since last six months. The additional charge of shop no.111 is illegal. She has verified and found that Mr.Mate owner of shop no.111 without taking her permission has fill up challan of ration goods and purchased ration goods. He has illegally kept
thumb pause machine with him to maintain account. Therefore, applicant has no knowledge about distribution of ration goods to card holders. All the ration goods has been seized from the possession of citizens of Gadgad Sangvi and from her own son alongwith tempo. The ration goods were already seized in shop no.111. Despite of it no communication from supply department to her.

4.Ld. Adv. Shri.Bhate vehemently submitted that alleged material is not found in possession of applicant/accused. Ration shop no.111 is in the name of Mr.Mate. Applicant has not taken responsibility of ration shop of Mr.Mate. The incident occurred on 31.8.2022. All vehicles pass has been accepted by Mr.Mate till end of August, 2022 and not by applicant. All challens from January, 2022 to August, 2022 are in the name of Mr.Mate and it may be considered. Applicant never taken possession of shop of Mr.Mate.

There is a political rivially between applicant’s husband and other person.

Vehicle is seized. Hence, prayed to allow the pre-arrest bail.

5. On the other hand Ld. APP Shri.Kadave strongly objected to allow the pre-arrest bail. Accused is necessary for custodial interrogation to trace out the black marketing of poor Adiwadi ration materials. I.O. Mr.Anil Pawar (P.I.) submitted that applicant is pressurizing to file false complaints under the Attrocities Act against the I.O. and other government officers due to the filing of FIR against her. Her custodial intoration is required.

6.Heard both side at considerable length. Perused application and say filed by the prosecution. Perused all documents filed by the applicant.

7.It is submitted by the Ld. Adv.Bhate for the applicant that there is a political rivalry between the applicant’s husband and other persons in village. I have gone through the documents filed by the Adv. Bhate which make it clear that shop no.111 was attached to shop no.122 of this applicant.

The panchnama dated 30.08.2022 reveals the local people of the Gadgad Sangvi caught hold Mr.Balasaheb Mate alongwith 32 gunny bags of rice each weight 50 K.G. and 33 gunny bags of wheat each weight 50 K.G. The panchnama reveals that Mr.Mate was travelling alongwith the ration goods without prior permission of in-charge shop owner Smt.Anita Gopal Lahange, r/o. Lahangewadi. But, it nowhere reveals that applicant has made complaints about illegally attaching shop no.111 to her shop no.122. It was her duty to take immediate action if it was allegedly attached without her
consent. It is also not brought on record that revenue authority has no power to attach ration shop from one to other. Without going through the details of this dispute and considering the parameters of the pre-arrest bail application as held in land mark case of “Sushila Agarwal Vs. State (NCT of Delhi),
dated 29.01.2020, seriousness of threat of arrest, concrete facts related to specific offence, reasonable side of story, gravity or seriousness of offence, conduct, behaviour and role of accused etc.

8. I have gone through the say filed by the prosecution which reveals that the ration material is already seized, only the tempo is to be seized from this accused no.2 Mr.Mate and not this applicant. It is true that applicant has played important role in commission of offence. As far as regarding most of the documents is filed on record and remaining documents can be collected from the Tahsil office, Igatpuri. The offence u/s.3 and 7 of E.C. Act are triable by the Ld. Magistrate Court. Considering the gravity of
the offence, seizure of the all ration material, no criminal antecedents against the applicant and considering the applicant is lady I am of the considered opinion that she is entitled for pre-arrest bail subject to stringent condition. “Jail is exception and bail is rule”. Hence order –

ORDER
1.Anticipatory Bail Application No.1081/2022 is allowed.

2.The applicant/accused i.e. Sou.Anita Gopala Lahange shall be released on bail, in the event of her arrest by Wadivarhe Police Station in CR No.129/2022 registered for the offence punishable under Section 3 and 7 of Essential Commodities Act, 1955 r/w. 34 of the Indian Penal Code on executing PR Bond of Rs.50,000/- with one or two solvent surety of like amount on the
following conditions:

a) That the applicant/accused shall not directly or indirectly make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the police officer.

b) The applicant shall not leave India without the previous permission of the Court.

c) Applicant/accused shall produce all required documents at Wadivarhe police station as and when called.

d) The applicant shall attend Wadivarhe Police Station on every Monday and Wednesday in between 11.00 a.m. to 2.00 p.m. till filing of charge-sheet.

e) If applicant breach any of the abovesaid conditions it would be a cause to cancel the bail.

3.Concerned Police station be informed accordingly.

4.The prayer for release on provisional cash bail in like amount is allowed with eight weeks time to furnish the surety.

5.Criminal Pre-arrest Bail Application stands disposed of accordingly.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.09.20 12:51:08 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 19.09.2022
Nashik.