It appears from the investigation papers
that the present applicant used to give delivery of banned
tobacco articles to the other accused persons. There appears
substance in the learned advocate for the applicant that the
applicant has only delivered banned tobacco produces, apart
from that he has not played active any active role in the
alleged offence.
5. The applicant was granted interim protection and he
has co-operated in the investigation, and nothing is to be
recovered from the applicant. In the facts of the present case,
pre-tiral custodial detention of the applicant is not necessary.
6. In the result, the application is allowed.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO.140 OF 2023
Rupesh Vishnudas Malpani Vs The State of Maharashtra
and another
[CORAM : NITIN B. SURYAWANSHI, J.]
DATE : 20th FEBRUARY, 2023
1. The applicant apprehends his arrest in connection
with Crime No.13 of 2023 registered with Kallamb Police
Station, District Osmanabad for offences punishable under
sections 188, 272, 273, 328 read with 34 of the Indian Penal
Code.
2. FIR is lodged Navnath Dattoba Khandekar, Police
Constable alleging that on secret information raid was
conducted at Shubham Kirana Store owned by Shrinivas
Karva, wherein huge quantity of banned tobacco products
worth Rs.19,090/- were found stored. The said tobacco
products were seized by the Investigating Officer. On further
inquiry, it was revealed that huge quantity of banned
substances was kept in the house of Shrinivas, and accordingly
raid was carried out. Accused No.2 Shubham, son of accused
No.1 Shrinivas was found in possession of tobacco products
worth Rs.1,87,020/-, which was also seized. During the inquiry
of accused No.2, it was revealed that said goods were supplied
by the applicant. Some of the contraband goods were also
stored in the house of Manoj Malpani. Accordingly, raid was
conducted, and banned tobacco products worth Rs.1,49,170/-
were found at the premises of accused No.3 Manoj Malpani.
Applicant is stated to be main supplier of the banned articles.
3. Heard learned advocate for the applicant and learned
Additional Public Prosecutor for the State. Perused the
investigation papers.
4. Main accused Nos. 1 to 3 are arrested, and were
remanded to police custody, and thereafter, they are in
Magisterial custody. It appears from the investigation papers
that the present applicant used to give delivery of banned
tobacco articles to the other accused persons. There appears
substance in the learned advocate for the applicant that the
applicant has only delivered banned tobacco produces, apart
from that he has not played active any active role in the
alleged offence.
5. The applicant was granted interim protection and he
has co-operated in the investigation, and nothing is to be
recovered from the applicant. In the facts of the present case,
pre-tiral custodial detention of the applicant is not necessary.
6. In the result, the application is allowed. In the event
of arrest of applicant in connection with Crime No.13 of 2023
registered with Kallamb Police Station, District Osmanabad for
offences punishable under sections 188, 272, 273, 328 read
with 34 of the Indian Penal Code, the applicant shall be
released on bail on executing Personal Bond of Rs.15,000/-
with one surety in the like amount.
7. Till filing of the charge sheet, the applicant shall
attend the concerned police station as and when called by the
investigating officer and co-operate in the investigation. The
applicant shall not tamper the prosecution evidence.
[ NITIN B. SURYAWANSHI ]
JUDGE