LAWS(BOM)-1996-9-131

SHYAMSUNDER G.KHANDELWAL Vs. INSPECTOR OF POLICE,

Decided On September 06, 1996
Shyamsunder G.Khandelwal Appellant
V/S
INSPECTOR OF POLICE, Respondents

JUDGEMENT

(1.) HEARD Mr.Mundargi for petitioners and Mrs. Pingulkar APP for Respondent.

(2.) THIS is an application for anticipatory bail preferred by two of the partners of M/s. Khendelwal Sweet Establishment who are preparing 'Mawa' and 'Pedhas' which are sold to the public. These applicants were released on anticipatory bail in respect of other shop in respect of sale of 'Pedhas' by this court. However, so far as this offence is concerned it is registered at Rabale Police station at Bhiwandi under C.R.No.I-436 of 1996. Mrs.Pingulkar, learned APP on behalf of the State stated that the Petitioner No.1 is the main person so far as this shop is concerned. She did not contest for the released of Petitioner No.2 on bail.

(3.) I do not think that even Petitioner No.1 is required to be put in custody for the purpose of interrogation because the police have have already collected the information as to from where the 'Mawa' is brought and where the 'Pedhas' are prepared. There is nothing for the petitioners to hide from the police so far as this process is concerned. It is not the allegation of the prosecution that the petitioners are responsible for mixing something deliberately in the said 'Pedhas' which was injurious to health. Hence I feel that it is a fit case to grant anticipatory bail. I, therefore, pass the following order:- In the event of their arrest by Rabale Police Station in respect of the offence registered under C.R.No.I-436/96, the petitioners shall be released on bail in the sum of Rs.10,000.00 each with one surety and PR bond in the like amount on condition that they shall co-operate with the police for the purpose of investigation and shall report to the police whenever required and also attend the court regularly. Beside, the petitioner No.1 shall report to the Rabale Police Station from tomorrow i.e. 7th September 1996 for a period of one week at 10.00 O'clock and thereafter as and when required.