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Bombay High CourtAPPLN/2071/2016application allowed

Shobha Vikas Bhalgat v. The State Of Maharashtra

2016-04-29Hon'Ble Kum. Justice I.K. Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2071 OF 2016 Shobha Vikas Bhalgat ..Applicant

VERSUS

The State of Maharashtra

...Respondent

.....

Shri Joydeep Chatterjee, advocate for applicant Shri A.R.Borulkar, A.P.P. for respondent/State .....

CORAM : INDIRA K.JAIN, J.

DATED : 29th April, 2016 O R D E R :

This is an application for regular bail in Crime No. II-25 of 2016, registered at Vaijapur police station, District Aurangabad for the offences punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act and Sections 130 (3), 177 of the Motor Vehicles Act.

2] Heard Shri Joydeep Chatterjee, learned counsel for applicant and Shri A.R.Borulkar, learned A.P.P. for State. Perused papers of investigation.

3] It can be seen from first information report that on 17.2.2016 P.I. Nandedkar attached to Vaijapur police station received secret information that some thieves were wandering in

Ladgaon Chauphuli area and so he along with police staff had been to that area for patrolling. At 9.30 p.m. they intercepted a vehicle. Applicant was sitting by the side of driver in the said vehicle. They noticed one parcel lying on the back seat of car. It was containing ganja. The same was seized.

4] According to prosecution applicant was possessing 14.830 kg. ganja and it was being illegally transported. The commercial quantity of ganja as prescribed in the Schedule is 20 kg. Thus ganja found in possession of accused was less than the commercial quantity. There is no past antecedent of the applicant. 5] Investigation is almost over. Applicant is 45 years old lady who lost her husband last year.

6] In the above premise, this Court is inclined to enlarge the applicant on bail. Hence the following order.

O R D E R

(i) Criminal Application No. 2071 of 2016 is allowed.

(ii) Applicant is released on bail on P.B. and S.B. of Rs.15,000/- each.

(iii) Applicant shall not tamper with prosecution evidence and shall make herself available as and when required.

(iv) Bail before the Trial Court.

[INDIRA K.JAIN, J.] dbm/crap2071.16