Cri. Bail Application No.1317 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.1317 of 2022
CNR No.MHNS010055422022
Vikram Prakash Phaphale
Age : 29 years, Occu.: Business
R/o : Gaonthan, Shindewadi Aane,
Tal. Junnar, Dist,. Pune.

… Applicant/Accused.

V/S
State of Maharashtra
Through – P.I. Sinnar M.I.D.C. Police
Station (C.R. No.I­54/2022)
… Respondent/State.

Appearance :
Ld. Adv. Shri. Sachin S. Pathak for Applicant/Accused.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.
ORDER BELOW EXH. NO.1
(Delivered on 10th November, 2022)
1.

This is an application under Section 438 of Criminal
Procedure Code for grant of pre­arrest bail in connection with C.R. No.54
of 2022 registered with the Respondent/ Sinnar M.I.D.C. Police Station
under Sections 385 r/w 34 of the Indian Penal Code and under Section 3
and 4 of Petroleum Act and under Sections 3 and 7 of Essential
Commodities Act.
2.

Read the application and the say filed by the respondent vide
Exh.6. Heard Ld. Advocate for the applicant and Ld. A.P.P. for the State.
Perused the documents filed alongwith the application. So also gone
throuigh the authority i.e. “My Own Eco Energy Private Ltd., v/s Union
Cri. Bail Application No.1317 of 2022 (Or. Exh.1)
2
Bank of India & Others, reported in Writ Petition (Lodging) No.3297 of
2014, decided on 03.02.2015 by the Hon’ble Bombay High Court.”
3.

Crime stood registered against the applicant and another with
an allegation that the accused Nos.1 to 3 were found in possession of a
Tanker containing Bio­Diesel in huge quantity on Nashik­Pune Highway at
Mohdari Village in front of Hotel Adaiwat. Accused Nos.1 to 3 without
license and illegally found taking the Tanker containing Bio­Diesel from
Soham Traders and they were found selling illegally the said Bio­Diesel
from the above spot.
4.

It is the case of the applicant that, he is falsely implicated in
this case. Name of the applicant is not there in the F.I.R. Nothing is to be
recovered or discovered at the instance of the applicant. The offence is of
February­2022 and accused Nos.1 to 3 came to be arrested in March­2022.
Investigation is almost over. Name of the applicant cropped­up in the
second remand report. Ready to abide by the terms and conditions likely to
be impose by the Court. Therefore, prayed to allow the application.
5.

Respondent filed their say vide Exh.6 and objected on the
grounds that, there is a big racket involved in the matter. The investigation
as to whom the Bio­Diesel was going to be sold is required to be
investigated. Custodial interrogation of the applicant is necessary.
Therefore, prayed to reject the application.
6.

Upon hearing and going through the material placed on
record, what can be gathered is that, accused Nos.1 to 3 were found selling
illegally the Bio­Diesel, which was in the Tanker and they did not have any
permission to possess, transport and sell the same. The I.O. is absent today.
The offence is of 11.02.2022. Accused Nos.1 to 3 came to be arrested in
Cri. Bail Application No.1317 of 2022 (Or. Exh.1)
3
March­2022 and came to be enlarged on bail by the Ld. J.M.F.C. The name
of applicant cropped­up in the second remand report. Therefore, the
applicant is apprehending his arrest. If at all, the I.O. was serious of having
custody of the applicant, he would have appeared before the Court and
objected by producing the police­papers. Nothing is to be recovered or
discovered at the instance of the applicant. Investigation is on verge of
completion. By imposing certain conditions, the interim order passed by
this Court below Exh.4 on 21.10.2022 can be made absolute. In the result,
the application succeeds. Hence, the order.
ORDER
1.

Criminal Bail Application No.1317 of 2022 is allowed.

2.

In the event of arrest, Applicant Vikram Prakash Phaphale be
released on bail on his executing a personal bond of Rs.15,000/­ each
with solvent surety in like amount to the satisfaction of the I.O in
connection with C.R. No.54 of 2022 registered with the Respondent/
Sinnar M.I.D.C. Police Station under Sections 385 r/w 34 of the
Indian Penal Code and under Section 3 and 4 of Petroleum Act and
under Sections 3 and 7 of Essential Commodities Act.

3.

Applicant Vikram Prakash Phaphale to remain present before the
I.O. at the respondent Police Station on 15.11.2022 and 16.11.2022
between 11.00 a.m. to 01.00 p.m. and co­operate the I.O. in the
investigation.

4.

In the above terms, the Criminal Bail Application No.1317 of
2022 stands disposed off accordingly.

Sd/­ xxx
Place : Nashik.
Date : 10/11/2022
(M. H. Shaikh)
Additional Sessions Judge, Nashik.

Cri. Bail Application No.1317 of 2022 (Or. Exh.1)
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Criminal Bail Application No.1317 of 2022
(Vikram v/s State)
Further Order
(Delivered on 11th day of January, 2023)
1.

Ld. Advocate for the applicant submits that, in the first
paragraph of the order and the operative part of the order, there is a
typographical mistake in mentioning the Section. He submits that, it is
typed as Section 385 of Indian Penal Code, but is ought to be Section 285
of the Indian Penal Code.
2.

This Court has gone through the order and finds that, there is
a typographical mistake in the first paragraph of the order and the operative
part as urged by the Ld. Advocate for the applicant. This Court can very
well correct the typographical mistake in view of Section 362 of Cr.P.C.
Henceforth, in the first paragraph and in the operative order instead of
Section 385 of the Indian Penal Code it be read as Section 285 of the Indian
Penal Code. Order accordingly.
Place : Nashik.
Date : 11/01/2023
MUSHTAQUE
HUSSAIN
SHAIKH
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2023.01.11
15:10:29 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.