Hiren Mahendra Pawar v. The State Of Maharashtra
2025:BHC-AUG:6819 {1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 169 OF 2025 Hiren S/o Mahindra Pawar, Age: 23 years, Occu.: Agril., R/o. Manik Chowk, Old Gondhali Galli, Nandurbar, Tq. & Dist. Nandurbar.
... Applicant
Versus
The State of Maharashtra, Through Police Station Nandurbar City, Tq. & District Nandurbar Through Police Inspector ... Respondent ......
Mr. Rahul O. Awasarmol, Advocate for Applicant Mr. C.V. Bhadane, APP for Respondent - State ......
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 07 MARCH 2025 PRONOUNCED ON : 10 MARCH 2025 PER COURT :- 1.
Instant application is for grant of regular bail on account of arrest of applicant in Crime No.0552 of 2024, registered at Nandurbar City Police Station, District Nandurbar for offences punishable under Sections 20 and 22 of N.D.P.S. Act. 2.
Learned counsel submitted that applicant is arrested in above crime in September 2024. That, there are allegations that
{2} he was in possession of 19 k.g. Ganja. That, seizure is already effected. That, investigation is over and charge-sheet is already filed in October 2024 itself. Learned counsel undertakes that applicant will abide all and any conditions imposed by this Court, and urges for grant of bail on the ground that no further recovery or discovery is to be made from him, and no further purpose would be achieved by continuing the detention of the applicant.
3.
Learned APP opposed the bail application on the ground that, huge quantity is seized. Though, investigation is over, there being every possibility of misuse of liberty if granted, and therefore, learned APP seeks rejection.
4.
Heard. Perused the papers. After considering the above submissions, and on going through the FIR dated 04.09.2024 at the instance of police personal, it seems that, on secrete information, raid was conducted and the present applicant was found in possession of box containing Ganja, which, on weighing found to be 19 Kg. and 974 gms., worth of Rs.4,00,000/-, which is somewhat near commercial quantity. Now, investigation is over, and charge-sheet is already filed in October 2024 itself, and there are no immediate prospects of matter going for trial and it
{3} getting concluded. No further purpose is shown to be achieved by further continuing detention of applicant as no further recovery is shown to be made at his instance. Apprehension of misuse of liberty expressed by learned APP can be taken care of by imposing stringent conditions. Hence, the following order:
ORDER
(i) Application is allowed.
(ii) Applicant Hiren S/o Mahindra Pawar, be released on bail in connection with Crime No.0552 of 2024, registered at Nandurbar City Police Station, District Nandurbar on executing Personal Bond of Rs.15,000/- with one surety in the like amount on following conditions:
[a] The applicant shall not tamper prosecution evidence. [b] The applicant shall not leave the area of jurisdiction of the concerned police station till conclusion of trial. [c] The applicant shall attend the concerned police station twice in every week i.e. on every Monday and Thrusday and maintain personal diary of his attendance till committal of case and thereafter, shall regularly attend each and every effective date before the trial court.
ABHAY S. WAGHWASE, JUDGE S P Rane