Vishwambhar Pralhad Parde v. The State Of Maharashtra

938-BA-1356-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1356 OF 2022 Vishwambhar Pralhad Parde ... Applicant

Versus

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

Mr. Ganesh J. Kore, Advocate for applicant Mr. V. S. Badakh, APP for respondent - State ....

CORAM : R. G. AVACHAT, J.

DATED : 15th SEPTEMBER, 2022 PER COURT :- .

This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.36/2022, registered at Washi Police Station, District Osmanabad, for the offence punishable under Sections 15 and 18 of the Narcotic Drugs and Psychotropic Substances (N.D.P. S.) Act, 1985.

2.

Heard. Perused the First Information Report (FIR) and related papers.

From perusal of the FIR, it is crystal clear that there is non compliance of mandatory provisions of Section 42 of the

(( 2 )) 938-BA-1356-2022 N.D.P. S. Act. The applicant is 72 years of age. He is alleged to have cultivated poppy seeds. The land in which it is said to have been cultivated is in the name of so many persons including the applicant herein. It will necessarily take time for commencement and conclusion of trial. The Court is therefore inclined to grant the applicant, bail. Hence, following order:

O R D E R

(i) The Bail Application is allowed.

(ii)The applicant be released on bail in connection with Crime No.36/2022, registered at Washi Police Station, District Osmanabad, for the offence punishable under Sections 15 and 18 of the Narcotic Drugs and Psychotropic Substances (N.D.P. S.) Act, 1985, on his executing P. R. bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with surety bond of the like amount.

(iii)The applicant shall not tamper with the prosecution evidence.

[ R. G. AVACHAT, J. ] SMS