John Kasino Parera v. The State Of Maharashtra

2024:BHC-AUG:7684 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 BAIL APPLICATION NO. 369 OF 2024 John Kasino Parera

VERSUS

The State of Maharashtra ...

Advocate for Applicant : Mr. Shashikant E. Shekade APP for Respondent: Mr. Satish A. Gaikwad .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 10th APRIL, 2024.

PER COURT :- 1.

This is an application for granting bail under section 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") in connection with crime No. 48 of 2024 registered with Rahuri police station, District Ahmednagar for the offences punishable under Sections 8-C, 20(B)(II) and 20(B) of the N.D.P.S. Act and under Section 3/25 of Arms Act. His application with similar prayer bearing criminal bail M.A. No. 112 of 2024 came to be rejected by the learned Additional Sessions Judge, Ahmednagar, vide order dated 14.02.2024.

2.

It is averred in the report lodged by a police constable Rahul Baban Yadav, attached to Rahuri police station, that on 19.1.2024 he was on patrolling duty in Rahuri town. He got a secret information that the Ganja is to be carried out. He arranged a trap on Ahmednagar-Rahuri road and apprehended the applicant and other

-2co-accused persons at about 7.30 a.m. The applicant was found in possession of contraband i.e. Ganja weighing 1.409 Kg. The said article was seized under panchanama, which was drawn on the spot and thereafter the crime was registered.

3.

Learned advocate for the applicant submitted that the applicant is falsely implicated in the crime. The allegations against the applicant are very vague and omnibus. The quantity of Ganja is intermediate quantity and not commercial quantity. The applicant has roots in the society, he will not flee away from trial, the trial will take a long period. It is lastly payed to allow the application. 4.

Learned A.P.P. for the respondent-State has strongly opposed the application and submitted that the applicant is involved in serious crime. The applicant has criminal antecedents. He is selling Ganja while running the Pan stall. Considering the antecedents of the applicant, as four cases are registered against him, learned A.P.P. prayed for rejection of the application.

5.

Perused the papers of investigation, particularly report of the inventories prepared by the J.M.F.C. so also the quantity seized of the articles 1.409 Kg. It is not commercial quantity but it is certainly below commercial quantity, which can be termed as intermediate quantity. The applicant has criminal antecedents but he is not having antecedents of possessing, carrying, selling etc. of Narcotics

-3drugs/contraband. The applicant has roots in the society, he will not flee away from the trial, the trial will take a long period. In view of the above and considering the quantity of contraband, the application deserves to be allowed by imposing some stringent conditions upon the applicant so as to prevent him from committing similar nature of offences in future. Hence, the following order.

O R D E R

I.

Application is allowed.

II.

The applicant in connection with crime No. 48 of 2024 registered with Rahuri police station, District Ahmednagar for the offences punishable under Sections 8-C, 20(B)(II) and 20(B) of the N.D.P.S. Act and under Section 3/25 of Arms Act be released on bail on furnishing personal bond of Rs.50,000/- with one surety of the like amount on following conditions:- a) The applicant shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner.

b) The applicant shall not indulge in similar nature of activities/crime.

c) The applicant shall not leave Ahmednagar district without prior permission of the trial court.

d) It is clarified that if the applicant commits any breach of the above conditions, the investigating officer or the

-4concerned person authorized is at liberty to file an application for cancellation of bail of the applicant before the trial court. The trial court is at liberty to decide the application for cancellation of bail, if filed, on its own merits, without reference to this Court.

(SANJAY A. DESHMUKH, J.) rlj/