(Order below Exh.1) A.B.A.No.1090/2022 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK ANTICIPATORY BAIL APPLICATION NO.1090 OF 2022

Balasaheb Rambhau Mate, ]
age – 66 yrs. ]
r/o. Mate Nagar, Rokdoba Wadi, ]
Deolali Gaon, Nashik Road, Nashik ]
] .. Applicant/accused

V/s.

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

Advocate Shri.A.Y. Deshmukh 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 Page 1 of 4
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, he is falsely implicated. He is falsely implicated by Dy.Sarpanch having enmity against the applicant/accused and therefore collaboration with the Supply Officer Mr.Bharat Bhawsar, filed false complaint. Muddemal alongwith the vehicle is already seized. Therefore, arrest of applicant is not necessary. He assured that he will not abscond and fully co-operate to the investigation agency and ready and willing to abide any condition if he released on
pre-arrest bail.

4.Ld. Adv. Shri.Deshmukh vehemently submitted that alleged material is not found in possession of applicant/accused. Applicant is having flour mill. He is not aware of tempo. Ration shop is in the name of Anita Lahange. Applicant filed complaint against Dy.Sarpanch Ratan Shinde on the ground of false caste certificate obtained by him and therefore he is having enmity against him. 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.

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. Deshmukh for the applicant that there is a political rivalry between the Ratan Appa Shinde, Dy. Sarpanch, Gadgad Sangvi in whose presence the ration goods were allegedly caught hold alongwith this applicant by the citizens of Gadgad Sangvi. There is substance in the allegations of the Ld.Adv. Deshmukh that there is political rivalry between the applicant/accused and Mr.Ratan Shinde. But, it would not be sufficient to discard the evidence produced by the investigation agency about the seizure of the ration goods which was kept in tempo No.MH-05-DR-2536 and the applicant was personally caught hold alongwith the ration goods in this Gadgad Sangvi village. As
per the Tahsil record Mr.Mate is a licence holder of Shop No.111 and Smt.Anita Gopala Lahanage (accused no.1/applicant in B.A.No.1081/22) is licence owner of Shop No.122. Order of the Igatpuri Tahsildar dated 18.01.2022 (supply department) reveals that the licence of Shop No.111 owned by applicant Balasaheb Rambhau Mate is not renewed and therefore attached to shop no.122 owned by Smt.A.G.Lahange, Lahangewadi.

8.In this particular case the defence taken by the applicant that nothing seized from him. He is not owner of said tempo and ration shop is owned by Anita Lahange. I.O. Shri.Anil Pawar submitted that shop is owned by Mr.Mate at Gadgad Sangvi and it was attached to shop no.111 of Smt.A.G. Lahange. Balasheb Mate was caught raid-hand with ration material. 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 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, I am of the considered opinion that applicant 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.1090/2022 is allowed.

2.The applicant/accused i.e. Balasaheb Rambhau Mate shall be released on bail, in the event of his 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 11:18:03 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 19.09.2022 Nashik.