Mumbai, Maharashtra – May 10, 2022 – The Sessions Court for Greater Bombay has granted bail to Maheshkumar Suryakumar Sahu, accused of possessing banned tobacco products. Additional Sessions Judge Deepak L. Bhagwat (C.R. 60) allowed Criminal Bail Application No. 994 of 2022, related to C.R. No. 238 of 2022 registered with Ghatkopar Police Station.
Maheshkumar Suryakumar Sahu, 38, was arrested and charged under Sections 328 (causing hurt by means of poison, etc., with intent to commit an offense), 272 (adulteration of food or drink intended for sale), 273 (sale of noxious food or drink), and 188 (disobedience to order duly promulgated1 by public servant)2 read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), and Section 30(2) of the Food Safety and Standards Act.
Case Background:
On April 12, 2022, Sahu was found in possession of scented pan masala and tobacco in a godown room.
Arguments and Court’s Reasoning:
Sahu’s counsel, Adv. Sherif Shaikh, argued that even if the prosecution’s case was accepted, the offense under Section 328 of the IPC was not attracted. He also stated that the investigation was complete and there was no need for further detention.
The prosecution, represented by Addl. P.P. Seema Deshpande, argued that the facts constituted an offense under Section 328 of the IPC and that the investigation was ongoing.
The court noted that a co-accused, Dnyaneshwar Sahu, had already been granted bail on April 26, 2022, and that the role of both accused was similar. “Material to note that in the same crime coaccused namely Dnyaneshwar Sahu has been granted bail on 26.04.2022 by the Court Room No.58. The role of accused Dnyaneshwar and the present applicant is similar,” Judge Bhagwat stated.
The court also considered that Sahu’s police custody period was over and that there was no need for his further detention. “That apart, police custody period of the applicant is already over. No need of his further detention,” Judge Bhagwat noted.
The court decided to grant bail on the ground of parity and the completion of custody, subject to certain conditions. “Thus, on the ground of parity the present applicant is entitled for bail. That apart, police custody period of the applicant is already over. No need of his further detention. Better to direct him to attend the police station for investigation. Considering these circumstances it is just and proper to allow the bail application subject to certain conditions,” Judge Bhagwat concluded.
Bail Conditions:
Judge Bhagwat granted bail to Maheshkumar Suryakumar Sahu on the following conditions:
- Execution of a personal bond of ₹25,000 and one or two solvent sureties of the same amount.
- Permission for provisional cash security of ₹25,000 for one month in lieu of the surety bond.
- Attendance at Ghatkopar Police Station as and when called by the Investigating Officer.
- Submission of a list of at least three blood relatives with their detailed residential addresses and places of work, along with documentary proof.
- Notification of any change in residential address to the police and the trial court.
- Submission of copies of at least two identity documents, such as PAN card, Aadhaar card, ration card, electricity bill, voter ID card, or property documents.
- Physical verification of the submitted documents by the Investigating Officer.
- Prohibition from inducing, threatening, or tampering with evidence.
- Compliance with conditions 5 to 8 simultaneously with the furnishing of cash security or surety bond.
- Bail before the Court of Metropolitan Magistrate.
The certified copy of the judgment was issued on May 10, 2022. This decision highlights the court’s consideration of the principle of parity and the completion of police custody when granting bail.