Niranjan Bansiddha Khyade vs. State Of Maharashtra

Held

The Court confirmed the interim bail granted to the applicant. The reasoning was based on the statements made by the learned Additional Public Prosecutor (APP) on behalf of the State. The APP confirmed that the applicant had reported to the Investigating Officer as directed and had been interrogated. Crucially, the APP stated that the applicant's presence was not required for custodial interrogation and that the investigation had been completed. The chargesheet was stated to be filed upon receipt of a sanction order. In light of these submissions, and considering the reasons provided in the earlier order dated 25.08.2022, the Court found no impediment to confirming the interim bail. The ratio decidendi is that if the investigation is complete and custodial interrogation is not required, anticipatory bail can be confirmed, especially when the applicant has cooperated with the authorities. The application was disposed of with the confirmation of bail.

Facts

The applicant, Niranjan Bansiddha Khyade, proprietor of Jaikishan Biotech Pvt. Ltd., sought anticipatory bail in a criminal case registered for offences under Section 420 of the Indian Penal Code and Sections 3(2)(d) and 7 of the Essential Commodities Act, 1955, along with Sections 8, 19, and 21 of the Fertilizer Order of 1985. The FIR was lodged by the District Controlling Officer of Fertilizer, Solapur, after a vehicle carrying 150 bags of fertilizer, allegedly belonging to Jaikishan Biotech Pvt. Ltd., was intercepted. The driver claimed the fertilizer was procured from Sachin Biotech. The value of the fertilizer was stated to be Rs. 2,40,000/-. The applicant possesses a fertilizer manufacturing license, import/export permission, has paid sales tax challans, and has GST registration for his company. The Court had previously granted interim bail on 25.08.2022.

Key Issues

1. Whether the applicant is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, considering the allegations of offences under the Indian Penal Code and the Essential Commodities Act, 1955, and the Fertilizer Order of 1985. The applicant argued that he has cooperated with the investigation, reported to the Investigating Officer as per the interim bail order, and his custodial interrogation is not required. The State, through the learned APP, stated that the investigation is complete and a chargesheet will be filed upon receipt of a sanction order, implying no further need for custodial interrogation of the applicant.