Micheal Edison John v. The State Of Maharashtra

6-BA-2490-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2490 OF 2021 Micheal Edison John ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Mithilesh Mishra alongwith Ms. Sadiya Khan for the Applicant. Ms. Veera Shinde, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 16 OCTOBER 2023 P.C. :- 1.

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 328 of 2019 registered at Khadki Police Station, Pune for the offences punishable under Sections 8(C), 21(C), 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

4.

On 8 October 2019, pursuant to secret information, the applicant, who is foreign national, was apprehended and 130gm. cocaine was found in his possession.

5.

On 11 January 2023, this Court had passed the following order :

Kanchan P Dhuri 1 / 2

6-BA-2490-2021.odt "1.

Considering the fact that the applicant is a foreign national and is in jail for more than three years, the Trial Court shall endeavour to conclude the trial, as early as possible and in any case within six months from today. 2.

List the application on 6 June 2023."

6.

Thereafter, on 3 August 2023, this Court passed the following order :

"1.

If the trial is not concluded within two months from today, this Court will be constrained to release the applicant on bail 2.

List on 9 October 2023."

7.

The learned APP submits that the investigating officer is not present.

8.

Considering the overall facts and circumstances, I am inclined to release the applicant on bail. Hence, the following order is passed: (i) Application is allowed.

(ii) The applicant - Micheal Edison John be released on bail in Crime No. 328 of 2019 registered at Khadki Police Station, Pune for the offences punishable under Sections 8(C), 21(C), 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount. (iii) The applicant shall attend the concerned police station once in a month i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of trial.

( N.R. BORKAR, J. ) Kanchan P Dhuri 2 / 2