Shahrukh Shauqat Khan v. State Of Maharashtra

Santosh SANTOSH SUBHASH KULKARNI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION SANTOSH SUBHASH KULKARNI Date: 2024.04.05 18:16:44 +0530 BAIL APPLICATION NO. 42 OF 2024 Shahrukh Shauqat Khan ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Khatri Mohammed Adil, a/w Nazneen Khatri, for the Applicant.

Mr. S. R. Aagarkar, APP for the State/Respondent.

CORAM:

N. J. JAMADAR, J.

DATED:

4th APRIL, 2024 ORDER:- 1.

Heard the learned Counsel for the applicant and the learned APP for the State.

2.

The applicant, who is arraigned in CR No.1112 of 2022 registered with Mumbra Police Station, Thane, for the offences punishable under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the NDPS Act, 1985"), Sections 25 read with Sections 3 and 4 of the Arms Act, 1959 and Sections 135 read with Section 37(1) of the Maharashtra Police Act, 1951, has preferred this application to enlarge him on bail.

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3.

At the outset, the learned Counsel for the applicant submits that co-accused Moiz Shabbir Lokhandwala has been granted bail by this Court by an order dated 28th March, 2024 and the applicant is similarly circumstanced. 4.

The learned APP fairly submits that the principle of parity applies.

5.

This Court was persuaded to release co-accused on bail on the ground that the prosecution will have to surmount the challenge of non-compliance of Section 52A of the NDPS Act, 1985. If the procedure of sampling vitiates the search, the Court may be justified in drawing an inference that the accused may not be guilty of the offence under the NDPS Act, 1985. Therefore, the interdict contained in Section 37(1)(b)(ii) may not operate. The learned Counsel for the applicant submits that the applicant was prosecuted in NDPS Special Case No.89 of 2017 for the offences punishable under Sections 22(c) and 29 of the NDPS Act, 1985. However, by an order dated 18th April, 2022 the applicant came to be acquitted.

6.

The learned APP, on instructions, submits that apart from the instant case the applicant has not been implicated in other crime. Thus, in view of the acquittal of the applicant in NDPS Special Case No.89 of 2017, the antecedents of the applicant are 2/4

not such as to disentitle him from bail. The twin test stands satisfied. I am, therefore, inclined to exercise discretion in favour of the applicant primarily on the principle of parity. 7.

Hence, the following order.

: O R D E R :

(i) Application stands allowed.

(ii) The applicant be released on bail in CR No.1112 of 2022 registered with Mumbra Police Station, Thane, on furnishing a P.R. Bond in the sum of Rs.1,00,000/- with one or more sureties in the like amount to the satisfaction of the learned Special Judge.

(iii) The applicant shall mark his presence at Mumbra Police Station on the first Monday of every alternate month between 11.00 am. to 1.00 pm. for a period of three years or till conclusion of the trial, whichever is earlier. (iv) The applicant shall not tamper with the prosecution evidence. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any police officer.

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(v) On being released on bail, the applicant shall furnish his contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.

(vi) The applicant shall not indulge in the identical activities for which he has been arraigned in this case. (vii) The applicant shall regularly attend the proceedings before the jurisdictional Court.

(viii) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination of the entitlement for bail and they may not be construed as an expression of opinion on the guilt or otherwise of the applicant and the trial Court shall not be influenced by any of the observations made hereinabove.

Application stands disposed.

[N. J. JAMADAR, J.] 4/4