Ishwar Dilip Badwane v. The State Of Maharashtra
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION No.88 OF 2017 Ishwar Dilip Badwane .Applicant Vs.
The State of Maharashtra .Respondent Ms Pradnya Talekar i/b. M/s. Talekar & Associates, Advocate, for the Applicant Mr.Deepak Thakare, APP, for the Respondent - State
CORAM
:
REVATI MOHITE DERE, J.
DATE :
31.03.2017 P.C.
.
Heard learned counsel for the Applicant and the learned APP for the Respondent - State.
2.
By this Application, the Applicant seeks his enlargement on bail in connection with C.R.No.105 of 2016 registered with the Azadnagar Police Station, Malegaon, District -Nashik, for the alleged offences punishable under Sections 18(c), 18-A, 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940 r/w.142 of the Maharashtra Police Act.
3.
Learned counsel for the Applicant submits that the only allegation as against the Applicant is that he had stocked
drugs without license. She submits that none of the drugs were found to be spurious. She submits that charge-sheet has been filed and the Applicant has been in custody since 01.10.2016. She submits that the maximum sentence which can be imposed is three years.
4.
Perused the papers.
5.
It is not in dispute that the drugs which were found stocked were not spurious. The only allegation against the Applicant is that the drugs were stocked by the Applicant without license. Charge-sheet has been filed and the Applicant has been in custody since 01.10.2016. There are no antecedents. 6.
Considering the aforesaid, the Application is allowed and the Applicant is enlarged on bail on the following terms & conditions:-
ORDER
(i) The applicant be enlarged on bail, on executing PR Bond in the sum of Rs.15,000/- with one or two sureties in the like amount;
(ii) The applicant shall inform his latest place of
residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station; (iii) The applicant to cooperate with the conduct of the trial.
7.
The Application is allowed in the aforesaid terms and is accordingly disposed of.
8.
It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.
Parties to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)