Order below Exh. 1 in Criminal Bail
Application No. 839/2022.
1]
This is an application preferred by accused Sharukh
Navaj Pathan for bail under section 439 of Cr.P.C. in C.R. No. I
174/2022 registered in Bhadrakali Police Station, Nashik for the
offence punishable under sections 179, 188, 272, 273, 328 of the IPC
and 26, 26(2), 26(2)(4), 3(1), (22) (V), 30(3)(D), 27(3), 59 of the
Food Safety and Standard Act.
2]
In short, the accused submit that he has not committed
any offence he has be falsely implicated in the present offence.
Expect the offence u/s. 328 of IPC all other offence are bailable. In
order to level the offence u/s 328 of IPC the prosecution has to prove
that poisonous substance was given for consumption. However,
nothing to that behalf has occurred. Their is delay in lodging the FIR.
No incriminating evidence has been recovered from the accused.
Investigation is completed. Accused has the responsibility of his child
and mother. He is ready to abide by the terms and condition. Hence,
prayed that application is allowed.
3]
Investigating Officer has filed his say at Ex. 4 and
opposed the application. In short, the I.O has submitted that accused
was found with the prohibited muddemal for sale purpose. If accused
is released on bail he will commit similar type of offence and illegally
sale the prohibited muddemal. Investigation is in progress and he
will not cooperate with investigation. Hence, prayed for rejection of
the application.
4]
Heard Learned advocate for accused and Learned APP
for State. Perused the FIR, case diary and the say of investigating
officer. It is the contention of advocate for accused is that already
recovery is made. Offence under section 328 of IPC is not attracted
as he has not administer any stupefying or unwholesome drug with
intend to cause hurt to anybody. Investigation is completed. No
purpose will be served by keeping the accused behind bar. Hence,
prayed that bail be granted. In support of his contention he has relied
upon i] Joseph Kurian Philip Jose Vs. State of Kerala reported in
Laws (SC) 19941049
ii] Anand Ramdhani Chaurasia & ors. Vs. The State of Maharashtra &
Ors. Reported in Criminal Writ Petition No. 3607/2019
iii] Arun Raosaheb Khot Vs. The State of Maharashtra reported in
ABA No. 226/2022.
Perused all the citation relied by the advocate of the accused
the first citation is criminal appeal in which the observations were
made. The second citation also relies upon first citation which is with
respect to quashing of the FIR. Whereas the third citation is with
respect to anticipatory bail application which is not applicable to the
with present case.
5]
On perusing the FIR it is seen that present accused was
found in possession of prohibited muddemal. Already recovery is
made. Investigating officer has submitted that investigation is in
progress and they are in the process of collecting evidence.
Considering the FIR it is seen that accused was found with the
contraband articles in his shop. In such circumstances when
investigation of present accused is completed, no purpose will be
served to detain the accused behind the bars. Trial will take time.
Bail is rule and jail is an exception. Apprehension of the prosecution
can be taken care of by imposing stringent conditions. Hence, I
proceed to pass following order.
ORDER
1]
The application is hereby allowed.
2]
The
accused
Sharukh
Navaj
Pathan
involved
in
C.R.
No.174/2022 of Bhadrakali Police Station for the offence punishable
under sections 328, 272, 273, 188, 179 of IPC and 26, 26(2), 26(2)
(4), 3(1), (22) (V), 30(3)(D) 27(3), 59 of Food Safety and Standard
Act, be released on bail on his executing P.R. and S.B. of Rs.25,000/
(Rupees Twenty Five Thousand Only) with one or two surety in the
like amount.
3]
The accused shall mark his presence in Bhadrakali Police
Station on every Monday and Friday from 11.00 a.m. to 1.00 p.m. till
filing of the chargesheet and to cooperate investigating Officer.
4]
The accused shall not tamper with the prosecution evidence or
witnesses.
5]
The accused shall not commit similar type of offence.
6]
The accused shall furnish address proof, photo identity and
mobile number of self and his two close relatives.
7]
In case of breach of the conditions, the respondent is at liberty
to apply for cancellation of bail.
8]
Bail before trial Court.
Sd/
Nashik.
Date : 06/07/2022.
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.