Cri Bail Appln. No.1336 of 2022 (Or. Exh.1)
1
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.1336 of 2022
CNR NO.MHNS010055732022
1.

Raju Subhash Patil
Age : 31 years, Occu.: Driver
R/o : Kudusgaon, Tal.Wada,
Dist. Palghat.

2.

Sarfaraj Fakir Pasha
Age : 32 years, Occu.: Conductor
R/o : Dupulguddi, Tal.Hunnabad,
Dist. Bider (Karnataka)
… Applicants/Accused.

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

Appearance : Ld. Adv. Sagar D. Walzade for Applicants/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 439 of Criminal Procedure
Code for grant of regular 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 Sections 188, 328 272 and 273 of the Indian Penal Code.

Cri Bail Appln. No.1336 of 2022 (Or. Exh.1)
2
2.

Read the application and the say filed vide Exh.4. Heard Ld.

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

It is the case of the applicants that, they are falsely implicated.

Nothing is to be recovered or discovered at their 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. Applicants may
tampered with a the evidence. Investigation is in progress. 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. Investigation as regard the applicants is on the
verge of completion. No purpose will be served in keeping the applicants
behind the bar, when they are otherwise entitle for bail. 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.1336 of 2022 is allowed.

2.

Applicant No.1 Raju Subhash Patil and No.2 Sarfaraj Fakir Pasha be
released on bail on their executing a personal bond of Rs.15,000/­ each
with solvent sureties in like amount to the satisfaction of the Ld.
J.M.F.C. in connection with C.R. No.I­138 of 2022 registered with
Cri Bail Appln. No.1336 of 2022 (Or. Exh.1)
3
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 Sections 188, 328 272 and 273 of the
Indian Penal Code.
3.

Applicants not to tamper with the prosecution evidence.

4.

Applicants not to repeat the same offence in future.

5.

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

6.

Bail before the Ld. J.M.F.C. Court.

7.

In above terms, the Criminal Bail Application No.1336/2022 stands
disposed off accordingly.
Digitally signed by
MUSHTAQUE MUSHTAQUE
HUSSAIN SHAIKH
HUSSAIN
Date: 2022.11.16
SHAIKH
17:06:57 +0530
Place : Nashik.
(M. H. Shaikh)
Date : 16/11/2022
Additional Sessions Judge, Nashik.