CNR No. MHNS010041442022
Order below Exh.1 in Cri. Bail Application No.963/2022.
( Sunil Raghunath Musale Vs. State )
This anticipatory application is moved by the applicant­
accused Sunil Raghunath Musale under section 438 of Cr.P.C. in
connection with CR No.145/2022 with Taluka Police Station,
Nashik for the offence under section 26(2)(i), 26(2)(iv), 27(3)(e),
3, 59 of the Food Safety Act, 2006 and under Sections 328, 188,
272, 273 r/w sec. 34 of the Indian Penal Code.

2.

It is stated in the application that, first informant lodged
FIR that accused No.1 was found in possession of Gutkha and Pan
Masala worth Rs.1,43,826/­ from his house and during the
interrogation the name of present applicant­accused was disclosed
as the supplier of prohibited Gutkha. Therefore, the applicant­
accused apprehended of arrest in connection said crime and moved
the present application. It is stated in the application that, under
Section 328 of the I.P.C. is not applicable and except section 328 of
IPC other offences are of bailable. Hence, prayed for bail.
3.

The bail application opposed by the State. I.O.

submitted his report.
4.

Perused the record. Heard both the parties.

5.

The learned counsel Shri. Kasliwal submitted that, the
applicant­accused has no concerned with the said recovery. He is
earning members of the family and ready to abide by the conditions
that may be laid down by this Court. Hence, he prayed for bail.
6.

On the other hand, learned APP Shri. Suryvanshi has
submitted the present applicant­accused is supplier of prohibited
Gutkha and his name was suppressed during the interrogation and
his custodial interrogation is required to trace out the source of
..2..

supply of Gutkha. Hence, prayed for rejection of the application.
7.

So far as the allegations mentioned in the F.I.R. are
concerned, the Gutkha/Pan­Masala is found in possession of
applicant­accused No.1 and therefore, he was apprehended by the
Police. The record shows that Gutkha and Pan Masala is already
seized. The necessary conditions for attendance to the police station
will serve the purpose and custodial interrogation of applicant­
accused is not necessary. Therefore the application is allowed.
Hence, following order is passed.

ORDER
1)
Anticipatory Bail Application
allowed.

No.963/2022
2)
Interim anticipatory bail granted by this court to applicant­
accused Sunil Raghunath Musale by order dated 4.8.2022
is hereby made absolute on same terms and conditions.

3)
He shall co­operate with the investigating machinery and
shall remained present as and when required with all
related documents pertaining to the transaction.

4)
He shall not tamper with the evidence in any kind and
manner.

5)
Inform concerned Police station.

SHINDE
MADHAV A
Date­ 18.08.2022
is
hereby
Digitally signed by
SHINDE MADHAV A
Date: 2022.08.18
17:38:11 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.