Ishwar Hirasing Pawara v. The State Of Maharashtra

2025:BHC-AUG:9634 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 457 OF 2025 Ishwar Hirasing Pawara, Age 24 years, Occupation Labour, R/o. Fattepur (Kangai), Taluka Shirpur, District Dhule.

... Applicant

Versus

The State of Maharashtra Through learned Special Public Prosecutor, Shahada, Taluka Shahada, District Nandurbar.

... Respondent .....

Ms. K. S. Sarin, Advocate for the Applicant.

Mr. C. V. Bhadane, APP for Respondent-State.

.....

CORAM :

ABHAY S. WAGHWASE, J.

Reserved on : 01.04.2025 Pronounced on : 02.04.2025 ORDER :

1.

Applicant seeks grant of regular bail in crime no. 100 of 2025 registered at Shahada Police Station, District Nandurbar for offences punishable under Sections 8(c), 20(b), 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Pointing to the date of arrest of applicant as 07.02.2025, learned counsel submits that there are allegations that applicant was

-2transporting 11 kg. Ganga. That, such quantity is below commercial quantity. She pointed out that in similar instances, this Court had granted bail. Orders of bail are placed on record. She pointed out that whatever was to be recovered, is already recovered and seized. That, no further recovery or discovery is to be made and as, according to her, applicant is ready to abide all conditions, she seeks grant of bail. 3.

Learned APP opposed on the ground that applicant was apprehended transporting ganja and that, investigation is still in progress.

4.

Heard. Perused the FIR dated 06.02.2025 at the instance of police personnel, wherein, on receipt of secret information, raiding party laid trap and apprehended present applicant traveling on motorcycle. It is alleged that, gajna worth Rs.1,14,290/- was seized. On court query, learned APP submitted that seizure is already effected, sample is drawn and even learned Magistrate has drawn inventory. Taking the same into consideration and there being no criminal antecedents, applicant succeeds. Hence, I proceed to pass the following order:

ORDER

I.

The application is allowed.

-3II.

Applicant be released on bail in connection with Crime No. 100 of 2025 registered at Shahada Police Station, District Nandurbar, on executing Personal Bond of Rs. 15,000/- with one surety in the like amount, on the following conditions:

[a] The applicant shall not tamper prosecution evidence. [b] The applicant shall attend the concerned police station twice in every week i.e. on every Monday and Thursday, so also as and when called by the Investigating Officer on prior notice for further investigation, if any, till filing of charge sheet and thereafter, shall regularly attend each and every effective date before the trial court. [ABHAY S. WAGHWASE, J.] vre