1 50-Cr.BA-1142-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [B.A.] NO. 1142 OF 2026 Gajanan S/o Chandrabhan Sutar -- VERSUS -- State of Maharashtra __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. S.A. Mohta, Advocate for the Applicant. Mr. U.R. Phasate, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 08, 2026. Heard. 2. The present application is filed seeking regular bail in Crime No.269/2026 for the offences punishable under Sections 123, 274, 275 and 223 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 26(2), 27(3), 3(2)(a) and 59 of the Food Safety and Standard Act, 2006, registered with Police Station Pusad, District Yavatmal. 3. As per the First Information Report (FIR), on 05/05/2026, at about 4:00 a.m., the accused Gajanan Chandrabhan Sutar was allegedly found at Lakhhi Road, Pusad, transporting prohibited pan masala and flavoured tobacco in a Wagon-R vehicle. The police seized the vehicle and the Piyush Mahajan 2026:BHC-NAG:11965 2 50-Cr.BA-1142-2026 prohibited food articles. On 06/05/2026, the seized stock was examined in the presence of the Food Safety Officer, panch witness and the accused and was found to weigh 164.35 kg, valued at Rs.2,97,920/-. Accordingly, the FIR came to be registered against the accused. 4. The learned counsel for the applicant submits that Section 123 of the BNS would not be attracted in the present case. The issue in respect of the applicability of Section 123 of the BNS / 328 of the IPC is pending before the Supreme Court, and therefore, he submits that, though the applicant is having 3 similar offences registered against him, he assures this Court that the applicant will not commit similar offence again. Under such circumstances, he prays for grant of bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application and submits that this is the fourth time the present applicant has committed similar offence. He further submits that the judgment delivered by this Court in the case of Wasim Sheikh is holding the field, though there are other judgments which have been delivered holding that Section 328 of the IPC would not be applicable. However, the State has challenged those judgments, and the Supreme Court is seized with the matter. Piyush Mahajan 3 50-Cr.BA-1142-2026 Under such circumstances, he submits that Section 328 of the IPC / 123 of the BNS would be applicable, and therefore, prays that the application for bail be rejected, as the applicant is a habitual offender. 6. I have considered the rival submissions. Perusal of the record shows that pan masala and scented tobacco were seized from the car of the present applicant. It further appears that, so far as the issue of the applicability of Section 123 of the BNS / 328 of the IPC is concerned, the same is pending before the Supreme Court. However, considering the allegations, I am inclined to grant bail by imposing stringent conditions, as the learned counsel has assured this Court that henceforth the applicant will not commit similar type of offence. Hence, the following order: O R D E R (i) The Criminal Application is allowed; (ii) The applicant/accused (Gajanan S/o Chandrabhan Sutar) be released on regular bail in connection with Crime No.269/2026 for the offences punishable under Sections 123, 274, 275 and 223 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 26(2), 27(3), 3(2)(a) and 59 of the Food Safety and Standard Piyush Mahajan 4 50-Cr.BA-1142-2026 Act, 2006, registered with Police Station Pusad, District Yavatmal, on his furnishing a P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount; (iii) The applicant shall not commit similar type of offence in future. In case any such offence is committed, the State is at liberty to seek cancellation of bail; (iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, and also shall not tamper with the evidence; (v) The accused shall provide his residential address and cell number to the Police Station concerned and shall not change his place of residence without prior intimation to the Investigating Agency; (vi) Once the trial commences, the accused shall attend each and every date of trial regularly. If he fails to attend the trial, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail; Piyush Mahajan 5 50-Cr.BA-1142-2026 (vii) The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the same; (viii) Pending Misc. Application(s), if any, also stand disposed of. [ M.M. NERLIKAR, J ] Piyush Mahajan Signed by: Piyush Ramesh Mahajan Designation: PA To Honourable Judge Date: 09/09/2026 18:18:06