Sagar Bhausaheb Bhalerao v. The State Of Maharashtra

939-BA.268-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 BAIL APPLICATION NO.268 OF 2023 SAGAR BHAUSAHEB BHALERAO

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. V. P. Palsodkar h/f Mr. Shantanu Dhumal.

APP for Respondent-State : Mr. S. P. Sonpawale. ...

CORAM : S. G. MEHARE, J.

DATE : 23.02.2023 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2.

The co-accused has been released on bail due to noncompliance of the provisions of Section 42(1) of N.D.P.S. Act. The same rule applies to the present applicant. Noncompliance of Section 42(1) of the N.D.P.S. Act is a glaring defect that entitles the accused to get the bail. On this sole ground, the bail application deserves to be allowed. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

939-BA.268-23.odt (ii) Applicant SAGAR BHAUSAHEB BHALERAO be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in Crime No.148 of 2022, registered by Police Station Begumpura, District Aurangabad, for the offences punishable under Sections 20(b)(ii), 29 and 8(c) of the N.D.P.S. Act, on the following conditions : (a) The applicant shall not tamper with the prosecution witnesses.

(b) He shall attend the trial on each and every effective date.

(d) He shall not involve in the similar crime. (S. G. MEHARE, J.) ...

vmk/-