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Bombay High CourtAPPLN/1404/2016application allowed

Sheru Sattar Shaikh v. The State Of Maharashtra

2016-03-11Hon'Ble Shri Justice M.T. Joshi3 pages

1 11-crappln1404-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1404 OF 2016 Sheru Sattar Shaikh ..Applicant

Versus

The State of Maharashtra ..Respondent -- Mr.S.J.Salunke, advocate for applicant Mr.U.S.Mote, APP for respondent - State -- CORAM : M.T. JOSHI, J.

DATE : MARCH 11, 2016 PER COURT :

Heard.

2] The applicant, who is arrested in Crime No.16 of 2016 registered at Wadwani Police Station, Dist.Beed for the offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is praying for his release on bail.

2 11-crappln1404-16.odt 3] The applicant was arrested on 8th February, 2016. The prosecution allegations would show that a car was intercepted on 8th February, 2016 by the PSI - Suresh Mali. At that time, three persons including present applicant were found in the car. Behind the driver seat, one bag was found, in which 6 kgs and 300 gms of Ganja was found.

4] Upon hearing both sides and finding that the quantity of Ganja seized was not commercial quantity and considering the ratio of earlier order passed by this Court reported in 2014 All.M.R. (Cri) 4589 in the case of Jagan Parasram Chavan Vs. The State of Maharashtra, present applicant deserves to be released on bail.

5] Hence, the following order :- A] Criminal Application is hereby allowed.

B] The applicant be released on bail in Crime No.16 of 2016 registered at Wadwani Police

3 11-crappln1404-16.odt Station, Dist.Beed for the offences punishable under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, upon his executing P.R. bond in the sum of Rs.20,000/- (Rs.Twenty Thousand) and also upon furnishing surety in the like amount.

C] The applicant shall not tamper with the prosecution evidence and shall not commit the similar offence.

[M.T. JOSHI, J.] kbp