Vaijinath Manik Jadhav v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2757 OF 2022 Vaijinath M. Jadhav ...Applicant V/s.

State of Maharashtra

...Respondent.

Mr. Yogesh M. Birajdar i/b Mr. Nagraj S. Shinde for the Applicant. Mr. A.R. Kapadnis, APP for the Respondent/ State. API Mr. A.V. Chavan attached to Mohol police station present.

CORAM

:

N.R. BORKAR, J.

DATE :

29.11.2022.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for grant of bail.

2.

The applicant came to be arrested in C.R. No.1067 of 2021 registered at Mohol police station, Solapur city for the ofences punishable under Sections 8, 20(a), 20(b) (ii) (c) and 22 (c) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act). 3.

On the basis of secrete information, a raid was conducted and cannabis plants/Ganja plants were found to be cultivated by the applicant in his agricultural feld. The total weight of Ganja plants was found to be 168 Kgs.

4.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State and perused the FIR. 5.

It appears that while efecting seizure of alleged Ganja plants Dinesh S. Sherla 1/2

2/2 13-ba-2757-22.doc soil attached to the roots was not removed. The weight of Ganja is inclusive of soil.

6.

The learned counsel for the applicant has tendered on record a copy of order passed by this Court dated 17 March 2022 in Bail Application No. 852 of 2021. Perusal of said order shows that in identical circumstances this Court granted bail to the accused therein. Considering these facts and circumstances, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in C.R. No.1067 of 2021 registered at Mohol police station, Solapur city for the ofences punishable under Sections 8, 20(a), 20(b) (ii) (c) and 22 (c) of the NDPS Act on furnishing P.R Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one or more sureties in the like amount.

C] The applicant shall not indulge into cultivating cannabis/Ganja plants.

D] The applicant shall attend the concerned police station once in a month, i.e. on frst Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2