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Bombay High CourtABA/108/2022disposed off

Vinayak Vishnu Palase v. State Of Maharashtra

2022-04-04Hon'Ble Shri Justice C.V. Bhadang2 pages

46.ABA-108-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 108 OF 2022 Vinayak Vishnu Palase ..Applicant V/s.

The State of Maharashtra ..Respondent ---- Mr. Manjunath Kakkalameli for the Applicant. Mr. Y.Y. Dabke, APP for the Respondent/State. ---- CORAM : C.V. BHADANG, J.

DATE : 4 APRIL 2022 P.C.

1.

The Applicant apprehending arrest in connection with the investigation of Crime No.716 of 2021 registered with Sangola Police Station, Solapur under Sections 20(b), 25, 29, 31 of the Narcotic Drugs and Psychotropic Substances Act, 1985, ('NDPS Act' for short) and Section 34 of Indian Penal Code is seeking anticipatory bail.

2.

Heard learned counsel for the parties.

3.

The record discloses that by an order dated 18 January 2022, interim protection was granted to the Applicant on condition of attendance. It is not disputed that the Applicant has Sumedh Sonawane page 1 of 2

46.ABA-108-2022.doc reported to the Investigating officer and has co-operated with the investigating agency.

3.

According to the prosecution, the Applicant had paid an amount of Rs.6,25,000/- to the co-accused for purchase of the contraband Ganja. Thus, there are no allegations of any recovery of the contraband from the custody of the present Applicant. Learned APP pointed out certain CDR showing that the Applicant was in contact with the co-accused prior to and after the incident.

4.

The record further discloses that one of the coaccused Shankar Shivaji Dhale has been granted anticipatory bail by this Court by order dated 12 October 2021, in Anticipatory Bail Application No.1820 of 2021.

5.

Considering the overall circumstances and the fact that contraband has not been recovered form the Applicant. The Criminal Application is disposed of in terms of order dated 18 January 2022 which is hereby made absolute.

(C.V. BHADANG, J.) Sumedh Sonawane page 2 of 2