Ayub Akbarsha Makandkar v. The State Of Maharashtra And ANR

919-IA-524-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 524 OF 2023 IN BAIL APPLICATION NO. 2221 OF 2021 Ayub Akbarsha Makandkar ...Applicant

Versus

The State of Maharashtra and anr.

...Respondents

.........

Mr. Mithilesh Mishra i/b Mr. Raju Mate for the Applicant. Ms Rutuja Ambekar, APP for the State.

Mr. Amit Munde for Respondent No. 2.

.........

CORAM : N.R. BORKAR, J.

DATED : 10 FEBRUARY 2023 P.C. :- This is an application for interim bail.

2.

The applicant is an accused in Crime No. 2 of 2015 registered at Customs Department (Narcotic Cell), Pune for the offences punishable under Sections 8(C), 22(C), 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

3.

Interim bail for one week is sought on the ground that the mother of the present applicant is suffering from lung cancer. 4.

The learned standing counsel for respondent No. 2 submits that 50 kg of Mephedrone a Psychotropic Substance was seized during trap and MJ Jadhav 1 / 2

919-IA-524-23.odt 337 kg was recovered from the factory premises of Onkar Industries. It is thus submitted that considering the nature of offence the applicant may not be released on interim bail even for a period of one week. 5.

The applicant appears to be only transporter. There are no other criminal antecedents. I have perused the medical certificate placed on record. It appears that the mother of the present applicant is suffering from lung cancer. The learned counsel for the applicant on instructions submits that no extension will be sought. Considering these fact, I am inclined to release the applicant on interim bail for a period of one week. Hence, the following order is passed:

(i) Interim Application is allowed.

(ii) The applicant shall be released on bail in Crime No. 2 of 2015 registered at Customs Department (Narcotic Cell), Pune for the offences punishable under Sections 8(C), 22(C), 25 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 on furnishing PR bond in the sum of Rs. 25,000/- with one or two sureties in the like amount for a period of one week.

(iii) The applicant shall attend the concerned police station within whose Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2023.02.10 17:53:57 +0530 jurisdiction he is going to reside after his release on every alternate day MANGALTAI JAYWANT JADHAV during the bail period of one week between 11.00 am to 2.00 pm. ( N.R. BORKAR, J. ) MJ Jadhav 2 / 2