Salma Suleman Shaikh v. The State Of Maharashtra

12 aba 1631-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1631 OF 2023 Smt. Salma Suleman Shaikh ..Applicant v/s.

The State of Maharashtra .

..Respondents Mr. Ayaz Khan for the Applicant.

Mr. S.V.Gavand, APP for the State.

CORAM : ANUJA PRABHUDESSAI ,J.

DATED : 9th JUNE, 2023.

P.C.

1.

The applicant apprehends arrest in Crime No.137 of 2023 of Byculla Police Station (Crime No. 23 of 2023 of DCP, CID, Unit- III) for offences under Section 8(c) and 21 (b) of the NDPS Act. 2.

Heard learned Counsel for the Applicant, and learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties . 3.

On 30.03.2023, pursuant to the information received, DCP CID Unit III conducted raie and arrested the c o-accused under suspicion that he was involved in selling contraband. It is alleged that 13 grams of Mephedrone was recovered from the co-accused. The co-accused disclosed that he had procured the contraband from one Salma, resident of Darukhana, Sewree, having mobile No.8452961418. Learned APP states that the mobile number disclosed by the co-accused does not stand SALGAONKAR

12 aba 1631-23.doc in the name of the present Applicant. The material on record does not prima facie indicate that the Applicant is a resident of Darukhana, behind Sewri. Apart from the said statement of the co-accused, there is no prima facie material to show the involvement of the Applicant in the aforesaid crime.

4.

Under the circumstances, this is a fit case for grant of pre-arrest bail. Hence the order:

(i) In the event of arrest of the Applicant in Crime No.Crime No.137 of 2023 of Byculla Police Station (Crime No. 23 of 2023 of DCP, CID, Unit- III), the Applicant be released on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount, to the satisfaction of the Investigation Officer. (ii) The Applicant shall report to the Investigating Officer for two days on 15th and 16th June, 2023, between 11.00 a.m. to 2.00 p.m. ; (iii) The Applicant shall keep the Investigating Officer informed of her current address and mobile/contact details, and/or change of residence or mobile/contact details from time to time.

(iv) The Applicant shall not interfere with the Complainant and the other witnesses, or tamper with the evidence in any manner. (ANUJA PRABHUDESSAI, J.) SALGAONKAR