1 BA 1360-2011 34Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1360 OF 2011 1. Kishanlal Ramnarayan Joshi .Applicants 2. Narendra Pukhraj Joshi V/s. The State of Maharashtra .Respondent WITH BAIL APPLICATION NO.1361 OF 2011 1. Ravi Navalmal Lachani .Applicants 2. Ambu Bahiru Thorat V/s. The State of Maharashtra .Respondent Mr.Subhash Jha with Mr.B.L.Sharma i/b. M/S.LAW GLOBAL, Advocate, for the Applicants Mrs.S.D.Shinde, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 9TH SEPTEMBER, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. These are the two applications for bail by the Distributor of gutakha and 2 BA 1360-2011 transporter, who have been charge sheeted on 1st September, 2011 in connection with C.R.No.I-172/11 for the offences punishable under Sections 272, 273 & 420 of the Indian Penal Code read and Section 7(1) of Prevention of the Food Adulteration Act registered with Manpada Police Station, Dombivali, District Thane. They were allegedly found in possession of gutakha manufactured by Rajnandini Foods Pvt. Ltd., who also have been issued notice by the investigating officer. The learned Counsel for the applicant relied on a Judgment of this Court in Sandeep s/o Popatrao Saikad Versus The State of Maharashtra on Criminal Application No.1028 of 2011 delivered on 11th July, 2011 at Aurangabad. Sections 272 & 273 of the Indian Penal Code are non-cognizable. The learned APP could not state as to how the offence punishable under Section 420 is made out. As far as the offence punishable under Section 7(1) of Prevention of the Food 3 BA 1360-2011 Adulteration Act is concerned, it does not appear to be cognizable. The only offence which is made cognizable by Section 20 of Prevention of the Food Adulteration Act is one punishable under Section 16(1AA) of the Prevention of Food Adulteration Act, 1954. That apart, considering the fact that investigation is complete and charge sheet is stated to have been filed, the applicants' being in custody pending the trial may not be necessary, applicants be released on bail on their furnishing P.R.Bond of Rs.50,000/- each with one or more solvent sureties in the aggregate sum of Rs.50,000/- till the trial is over. 3. Bail Applications stand disposed of. (R.C.CHAVAN, J.)