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Bombay High CourtBA/898/2024application allowed

Faiem Rahees Shaikh v. The State Of Maharashtra

2024-07-01Hon'Ble Shri Justice S. G. Mehare3 pages

2024:BHC-AUG:12610

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 32 BAIL APPLICATION NO. 898 OF 2024 FAIEM RAHEES SHAIKH

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Patni Pranit Pramod. APP for Respondent-State : Mr. D. J. Patil.

...

BAIL APPLICATION NO. 891 OF 2024 DHANLAL RAJARAM CHAUDHARI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Parth Satpute h/f Mr. Desale N.N. APP for Respondent-State : Mr. D. J. Patil.

...

CORAM : S. G. MEHARE, J.

DATE :

01.07.2024 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned APP for the respondent-State.

2.

The applicants seek bail in Crime No.280 of 2024, registered with Navapur Police Station, District Nandurbar, for the offences punishable under Section 8(c), 20(b)(ii), 22 of NDPS Act.

3.

The prosecution has a case that the applicant Faiem was the driver and Dhanlal was the cleaner of the vehicle. They were the employees of the owner of the vehicle. They used to transport the vegetables. The contraband was recovered from the rear side of the vehicle driven by Faiem. There is a possibility of having no knowledge, since they were engaged in the transportation. In routine course, that might have considered that the other co-accused were carrying the goods. Except these allegations, nothing is there against them. They seems to be engaged in making money by allowing the owner of the goods to travel in the vehicle. Nothing is to be recovered from them. They have no antecedents to their discredit. For the above reasons, they deserve bail. Hence, the following order :

O R D E R

(i) Bail Applications are allowed.

(ii) Applicant FAIEM RAHEES SHAIKH in Bail Application No.898 of 2024 and Applicant Dhanlal Rajaram Chaudhari in Bail Application No.891 of 2024 be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only)

each with one solvent surety of like amount each, on the following conditions :

(a) They shall attend the Police Station as and when called by the Investigating Officer on written notice till filing of charge sheet.

(b) They shall not involve in the similar offences.

(S. G. MEHARE, J.) ...

vmk/-