Bhaginath Bhanudas Tribhuvan v. The State Of Maharashtra And Another

16-ABA.335.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.335 OF 2023 Bhaginath Bhanudas Tribhuvan ..Applicant Vs.

The State of Maharashtra and ors.

..Respondents ---- Mr.N.D.Sonavane, Advocate for applicant Mr.A.S.Shinde, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : APRIL 03, 2023 PER COURT :- This is an application for anticipatory bail. The applicants claim to have apprehension of arrest in connection with Crime No.0298 of 2022 registered with Shivoor Police Station, Tq. and Dist.Aurangabad, for the ofences punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances, Act, 1985. 2.

Heard. Perused the First Information Report ("FIR", for short) and the related papers.

3.

In the land gut no.1710, situate at village Alapurwadi, Tq. Vaijapur, Cannabis plants were found to have been grown. The land stands in the name of the applicant and his son - Prakash jointly.

16-ABA.335.2023 According to the prosecution, as such, both applicant and his son have cultivated contraband Ganja.

4.

The applicant is 70 years of age. The wife of Prakash has given statement that the land was partitioned between the father and his son. She also stated that Ganja has been grown in the land that has fallen to the share of Prakash. The applicant is 70 years of age. It appears that his custodial interrogation is not required, although the ofence is serious one.

5.

In view of this factual background, the order dated 09.03.2023, granting interim protection, is hereby made absolute. The application is allowed and disposed of.

[R.G. AVACHAT, J.] kbp