Bhanudas Vasantrao More v. A.K. Thakker And ANR.

(913)APPANo.10322017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1032 OF 2017 IN CRIMINAL APPEAL NO.555 OF 2006 Bhanudas Vasantrao More ...

Applicant V/s.

A.K.Thakker & Anr.

...

Respondents .....

Ms.Zehra Charania I/b. Ayaz Khan, Advocate for the Applicant. Ms.Rebecca Gonsalvez, Advocate for the Respondent No.1. Mr.Vinod Chate, APP for the Respondent/State. ....

CORAM : A.M.BADAR J.

DATED : 8th September 2017.

P.C. :

This is an application by appellant Bhanudas Vasantrao More for surrendering his bail bond executed in the instant case. The learned Advocate appearing for respondent No.1/prosecuting agency has no objection for surrender of bail bond of the applicant executed in this case.

The applicant/accused is convicted of offences punishable under Sections 22, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as Gaikwad RD 1/2

(913)APPANo.10322017 "NDPS Act" for the sake of brevity) by Judgment and Order dated 07/04/2006 passed by the learned Special Judge, N.D.P.S., Mumbai and he is sentenced to suffer rigorous imprisonment for ten years apart from direction to pay fine of Rs.1,00,000/- and in default to undergo further rigorous imprisonment for three months. He has been released on bail vide Order passed in Criminal Application No.1381 of 2006 by this Court. It is seen that subsequently, he came to be arrested on 20/03/2017 by Directorate of Revenue Intelligence, Mumbai for offences punishable under N.D.P.S.Act. Therefore, as the applicant came to be arrested on 05/04/2017 in another crime bearing No.9 of 2015, he is praying for surrendering his bail bond. As such, the Order :

(i) The application is allowed.

(ii) The applicant is permitted to surrender his bail bond. (iii) However, the fact of surrendering the bail bond executed in pursuant to Order in Criminal Application No.1381 of 2006 moved in Criminal Appeal No.555 of 2006 be informed to prison authorities as well as to the prosecuting agency.

(iv) The application is accordingly disposed of.

(A.M.BADAR J.) Gaikwad RD 2/2