Mohammad Shoaib Mohammad Salim v. The State Of Maharashtra
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2365 OF 2023 Mohammad Shoaib Mohammad Salim ...Applicant
Versus
The State of Maharashtra
...Respondent
_______________________________________________________________ Mr. Mahendra N. Sandhyanshiv, for the Applicant. Mr. P. H. Gaikwad, APP, for the Respondent-State. Mr. D. J. Badgujar, Pawarwadi Police Station, Malegaon, present.
_______________________________________________________________ CORAM :
MADHAV J. JAMDAR, J.
DATED :
JANUARY 19, 2024 P.C.:
1.
Heard Mr. Sandhyanshiv, learned Counsel appearing for the Applicant and Mr. Gaikwad, learned APP for the RespondentState. 2.
This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are as follows:- C. R. No.
Date of Registration of F.I.R.
10/11/2022 Name of Police Station Pawarwadi Police Station, Malegaon, District-Nashik
Section/s & Act/s invoked 276 & 328 of the Indian Penal Code, 1860, Sections 18(c), 18(a), 27(A) & 28 of the Drugs and Cosmetics Act, Date of Incident 10/11/2022 Date of Arrest 11/11/2022 Date of fling of Charge-sheet 09/01/2023 3.
As per the prosecution case, the Applicant was selling 15 strips of tablets of Etiron 0.5mg (Etizolam 0.5 Tablets I.P.) without any bill or license. The said medicine is used for depression.
4.
It is the contention of Mr. Sandhyanshiv, learned Counsel appearing for the Applicant that there is no material to show that the Applicant was actually selling the said tablets. He submits that as far as the offence under the Drugs and Cosmetics Act, 1940 is concerned, the maximum punishment is three years and for the offence under Section 276 of the Indian Penal Code, 1860 ("IPC") maximum punishment is six months and for the offence under Section 328 of IPC maximum punishment is ten years. He submitted that the factual position on record shows that offence under Section 328 is not attracted.
5.
The Applicant was arrested on 11th November 2022 and he is incarcerated for a period of one year and two months.
6.
It is an admitted position that the investigation has been completed and that the Charge-sheet has been fled on 9th January 2023. The trial is likely to take a considerably long time. The Applicant does not have any criminal antecedents. 7.
The Applicant does not appear to be at 'fight riskk. 8.
Accordingly, the Applicant can be enlarged on bail by imposing conditions. In view thereof, the following order:-
O R D E R
(a) The Applicant-Mohammad Shoaib Mohammad Salim be released on bail in connection with C.R. No.217 of 2022 registered with the Pawarwadi Police Station, Malegaon, District-Nashik on his furnishing P. R. Bond of Rs.25000/- with one or two solvent sureties in the like amount.
(b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Offcer and shall keep the same updated, in case there is any change.
(c) The Applicant shall report to the Pawarwadi Police Station, Malegaon, District-Nashik once every week, on every Sunday between 11.00 a.m. and 1.00 p.m. till the conclusion of the trial.
(d) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to Court or any Police personnel.
(e) The Applicant shall not tamper with the evidence and shall not contact or infuence the complainant or any witnesses in any manner.
(f) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.
(g) The Applicant shall surrender his passport, if any, to the Investigating Offcer.
9.
The Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]