Saeed Ahmad Shafique Ahmad @ Saeed Baba v. State Of Maharashtra

Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.503 OF 2024 Saeed Ahmad Shafiue Ahmad @ Saeed Baba ...Applicant

Versus

State of Maharashtra

...Respondent

_______________________________________________________________ Mr. Mahendra N. Sandhyanshiv, for the Applicant. Ms. Veera Shinde, APP, for the Respondent-State. _______________________________________________________________ CORAM :

MADHAV J. JAMDAR, J.

DATED :

FEBRUARY 13, 2024 P.C.:

1.

Heard Mr. Sandhyanshiv, learned Counsel appearing for the Applicant and Ms. Shinde, learned APP for the Respondent-State. 2.

This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are as follows:- C. R. No.

Date of registration of F.I.R.

04/08/2022 Name of Police Station Azadnagar Police Station, Malegaon, District-Nashik Section/s & Act/s invoked 276 & 328 of the Indian Penal Code, 1860, Sections 18(c), 18(A), 27(k)(2) & 28 of the Drugs and Cosmetics Act, 1940 Date of incident 04/08/2022

Date of arrest 16/08/2022 Date of fling Charge-sheet 14/10/2022 3.

It is the contention of Mr. Sandhyanshiv, learned Counsel appearing for the Applicant that the Applicant was arrested in C. R. No.141 of 2022 registered with Pawarwadi Police Station, District-Nashik and in house search of the Applicant 12 bottles of Conex-C were found. The said search was taken without giving notice to the Applicant and in his absence. He submits that as far as the offence under the Drugs and Cosmetics Act, 1940 is concerned, the maximum punishment is three years and for the offence under Section 276 of the Indian Penal Code, 1860 ("IPC") maximum punishment is six months and for the offence under Section 328 of IPC maximum punishment is ten years. He submitted that the factual position on record shows that offence under Section 328 is not attracted.

4.

The Applicant was arrested on 16th August 2022 and he is incarcerated for a period of one year and fve months. 5.

It is an admitted position that the investigation has been completed and that the Charge-sheet has been fled on 14th October 2022. The trial is likely to take a considerably long time. The Applicant does not have any criminal antecedents. 6.

The Applicant does not appear to be at 'fight riskk.

7.

Accordingly, the Applicant can be enlarged on bail by imposing conditions. In view thereof, the following order:-

O R D E R

(a) The Applicant-Saeed Ahmad Shafiue Ahmad @ Saeed Baba be released on bail in connection with C.R. No.103 of 2022 registered with the Azadnagar Police Station, Malegaon, District-Nashik on his furnishing P. R. Bond of Rs.25000/- with one or two solvent sureties in the like amount.

(b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Offcer and shall keep the same updated, in case there is any change.

(c) The Applicant shall report to the Azadnagar Police Station, Malegaon, District-Nashik once every week, on every Sunday between 11.00 a.m. and 1.00 p.m. till the conclusion of the trial.

(d) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person aciuainted with the facts of the case so as to dissuade such a person from disclosing the facts to Court or any Police personnel.

(e) The Applicant shall not tamper with the evidence and shall not contact or infuence the complainant or any witnesses in any manner.

(f) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.

(g) The Applicant shall surrender his passport, if any, to the

Investigating Offcer.

8.

The Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]