Manika Nagoji Wanole v. The State Of Maharashtra

1 Cri-Appln-617-2021.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 617 OF 2021 IN CRIMINAL APPEAL NO. 176 OF 2021 Manika s/o Nagoji Wanole ... Applicant

Versus

The State of Maharashtra ... Respondent ....

Mr. R. K. Ingole, Advocate for the applicant Mr. S. N. Morampalle, APP for the respondent - State ....

CORAM : R. G. AVACHAT, J.

DATED : 17th JUNE 2021 PER COURT :- .

Heard.

2.

The applicant has been convicted under Section 235(2) of the Code of Criminal Procedure for the offence under Section 8 punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to suffer rigorous imprisonment for five years and pay fine of Rs.50,000/-. 3.

The fine amount has been paid. The applicant was on bail pending trial. For little over 1 1⁄2 years, he has been behind the

2 Cri-Appln-617-2021.doc bars. He was charged with the offence of having possessed/stored about 9 kg. ganja for sale at his residence. It appears that the house has also been shared by other family members of the applicant. The appeal is not likely to come up for hearing, immediately. In the aforesaid factual backdrop, I am inclined to grant the application. 4.

The application is, therefore, allowed in terms of prayer clause (B).

5.

The applicant be released on his executing P. R. bond in the sum of Rs.15,000/- and surety bond in the like amount. [ R. G. AVACHAT, J. ] SMS