Cri Bail Appln. No.1337 of 2022 (Or. Exh.1)
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IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.1337 of 2022
CNR NO.MHNS010055742022
Ibrahim Mainoddin Inamdar
Age : 29 years, Occu.: Business
R/o : Survey No.31/1/1, Sai Park,
Near Floor Mill, Ghorpadi, Pune.

… Applicant/Accused.

V/S
State of Maharashtra
Through – Ghoti Police Station
(C.R. No.I­138/2022)
… Respondent/State.

Appearance : Ld. Adv. Sagar D. Walzade for Applicant/Accused.
Ld. A.P.P. Shri. Pankaj P. Chandrakor for Respondent/State.
ORDER BELOW EXH. NO.1
(Delivered on 16th November, 2022)
1.

This is an application under Section 438 of Criminal Procedure
Code for grant of pre­arrest bail in C.R. No.I­138 of 2022 registered with
Respondent/Ghoti Police Station under Sections 26(2)(i), 3(1)(zz)(iv), 27(3(e),
26(2)(iv) r/w 30(2)(a), 27(3)(d) and 59 of the Food Safety and Standard Act,
2006 and under Section 188, 328 272 and 273 of the Indian Penal Code.

Cri Bail Appln. No.1337 of 2022 (Or. Exh.1)
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2.

Read the application and the say filed vide Exh.6. Heard Ld.

Advocate for the applicant and Ld. A.P.P. for the State.
3.

It is the case of the applicant that, he is falsely implicated.

Nothing is to be recovered or discovered at his instance. Investigation is
almost over. Ready to abide by the terms and conditions likely to be impose
by the Court. Therefore, prayed to allow the application.
4.

The grounds of objection are that, Gutka is banned in
Maharashtra State. Offence alleged is serious in nature. Applicant may
tampered with a the evidence. Investigation is in progress. Custodial
interrogation of applicant is necessary. Therefore, prayed to reject the
application.

5.

Upon hearing the duo advocates, what can be gathered is that,
Section 328 of I.P.C. is non­bailable and triable by the Sessions Court. Other
offences alleged are bailable. Applicant is the owner of the Truck in which the
Gutka was found. Accused Nos.1 and 2 are the drivers, who were accosted on
the spot. As far as, this applicant is concerned, this Court finds that, recovery
is made of Gutka. Therefore, nothing is to be recovered or discovered at his
instance. Custodial interrogation is not required. As far as, the apprehension of
the respondent is concerned, that can be taken care by imposing certain
conditions. Offences alleged are not punishable with imprisonment for life and
death. Therefore, this Court is admitting the applicants to bail. Hence, the
order.
ORDER
1.

Criminal Bail Application No.1337 of 2022 is allowed.

Cri Bail Appln. No.1337 of 2022 (Or. Exh.1)
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2.

In the event of arrest, applicant Ibrahim Mainoddin Inamdar be released
on bail on his executing a personal bond of Rs.15,000/­ with solvent
surety in like amount to the satisfaction of the I.O. in connection with
C.R. No.I­138 of 2022 registered with Respondent/Ghoti Police Station
under Sections 26(2)(i), 3(1)(zz)(iv), 27(3(e), 26(2)(iv) r/w 30(2)(a),
27(3)(d) and 59 of the Food Safety and Standard Act, 2006 and under
Section 188, 328 272 and 273 of the Indian Penal Code.

3.

Applicant not to tamper with the prosecution evidence.

4.

Applicant to remain present before the I.O. at the respondent Police
Station on 21.11.2022 between 11.00 a.m. to 01.00 p.m. and co­operate
the I.O. in the investigation.

5.

Applicants not to repeat the same offence in future.

6.

Inform the order to the I.O. and the Ld. J.M.F.C. Court.

7.

In above terms, the Criminal Bail Application No.1337/2022 stands
disposed off accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 16/11/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.11.16
17:12:45 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.