Farida Liyakat Shaikh v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1278 OF 2021 BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2021.10.22 10:19:08 +0530 Mrs. Farida Liyakat Shaikh ....

Applicant Vs.

The State of Maharashtra ....

Respondent Mr. Moin Khan for Applicant.

Mr. A.R. Kapadnis, APP for State.

API, Dinkar K. Pagare, Nehru Nagar Police Station. Coram : NITIN W. SAMBRE, J.

Date : 21ST OCTOBER, 2021 P.C.:

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Heard.

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The applicant is seeking regular bail in Crime No. 100 of 2020, registered with Nehru Nagar Police Station, for the offence punishable under Sections 353, 332, 506, 504 read with 34 of Indian Penal Code read with Section 65(E) of Maharashtra Prohibition Act, 1949 read with Section 8(C), 20(C) of N.D.P.S. Act. The applicant came to be arrested on 21st March, 2020 and the charge-sheet is filed.

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The prosecution case is, the contraband substance is recovered from the custody of the applicant.

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Admittedly, it can be noticed at the face value of the charge-sheet that mandatory requirements of Sections 42 and 50 of NDPS Act cannot be inferred.

5.

The report of Additional P.P. to that effect dated 12th October, 2021, which is placed on record alongwith covering letter of learned Sessions Judge, Mr. V.V. Patil dated 13th October, 2021. 6.

As such, the application is allowed on following conditions :

O R D E R

(i) The applicant be released on bail in Crime No. 100 of 2020, registered with Nehru Nagar Police Station, for the offence punishable under Sections 353, 332, 506, 504 read with 34 of Indian Penal Code read with Section 65(E) of Maharashtra Prohibition Act, 1949 read with Section 8(C), 20(C) of N.D.P.S. Act, on furnishing P.R. bond in the sum of Rs.50,000/- with one or more sureties in the like amount.

3/3 (ii) Till the trial is concluded, the applicant shall attend the concerned Police Station on every Monday between 10.00 am. to 12.00 noon.

(iii) The applicant shall attend the trial regularly. ( NITIN W. SAMBRE, J. )