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Bombay High CourtBA/1118/2025application allowed

Sabir Ramjan Shaikh v. The State Of Maharashtra

2025-08-01Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:20429

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 948 BAIL APPLICATION NO. 1118 OF 2025 Sabir Ramjan Shaikh

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Shaikh Joyeb I.

APP for Respondents-State: Ms. A. S. Mantri ...

CORAM : ARUN R. PEDNEKER, J.

Dated : August 01, 2025.

PER COURT :- 1.

Heard the learned Counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is seeking bail in connection with Crime No. 713/2024, dated 26/12/2024, registered at Loni Police Station, Taluka Rahata, District Ahmednagar, for the offences punishable under Sections 8(c) and 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 3.

According to the prosecution, 5 kilograms of cannabis (Ganja) is recovered from the applicant on 26/12/2024. The applicant has been in custody since the date of arrest. The investigation in the matter is complete, and the charge-sheet has been filed.

4.

The learned Counsel appearing for the applicant submits that there are no antecedents against the applicant. He is challenging the recovery of cannabis (ganja) and submits that the quantity recovered, i.e., 5 kilograms, falls under the intermediate category. On this basis, it is urged that the applicant be released on bail.

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948 BA 1118-2025 5.

On the other hand, the learned APP submits that the co-accused from whom the cannabis (ganja) was allegedly procured has not yet been arrested and is absconding. However, it is fairly admitted that the investigation is complete, and the charge-sheet has already been filed. 6.

Considering that the applicant has no criminal antecedents, that the quantity of cannabis (ganja) recovered is of intermediate category, and that the investigation is complete with the charge-sheet already filed, this Court is of the view that the applicant deserves to be released on bail, subject to certain conditions.

7.

In view of the above, the application is allowed in the following terms: - a] The applicant shall be released on bail in connection with Crime No. 713/2024, dated 26/12/2024, registered at Loni Police Station, Taluka Rahata, District Ahmednagar, on executing a Personal Recognizance (PR) bond of Rs.25,000/- with one or two local sureties in the like amount to the satisfaction of the Trial Court.

b] Upon being released on bail, the applicant shall not, in any manner whatsoever, contact or approach the informant during the pendency of the trial.

c] The applicant shall co-operate with the Trial Court and shall attend each and every hearing unless specifically 2 of

948 BA 1118-2025 exempted by the Court.

d] The applicant shall not tamper with the prosecution evidence and shall not influence the informant, any witnesses, or any other person concerned with the case.

e] Upon being released, the applicant shall furnish the details of his contact number and residential address to the Trial Court and shall keep the Court informed of any changes. 8.

Needless to say, in the event of breach of any of the above conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are confined to the decision on the present bail application. The Trial Court shall proceed with the case uninfluenced by any observations made herein. 9.

The bail application stands disposed of.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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