Aslam Mustafa Shaikh And Another v. The State Of Maharashtra

2024:BHC-AUG:27268 1 ABA1683.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 ANTICIPATORY BAIL APPLICATION NO. 1683 OF 2024 1.

Aslam Mustafa Shaikh 2.

Shubham Baburao Khillare .. Applicants

VERSUS

.

The State of Maharashtra .. Respondent ...

Advocate for Applicant : Mr. Jadhav Arvind Gangadhar APP for Respondent/State: Mr. P. P. Dawalkar ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 21st NOVEMBER, 2024 PER COURT:

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

2] The applicants are apprehending arrest in connection with Crime No.697 of 2024, registered at MIDC Waluj Police Station, District Chh. Sambhajinagar, for the offences punishable under sections 8(c) , 20 (B) of the NDPS Act, 1985. 3] The learned counsel submits that their names are disclosed by the co-accused from whom 3.175 Kgs of ganja is recovered, which is an intermediate quantity. He submits that the co-accused has given names of the present applicants. The main accused had made a statement to the police that he sells ganja to the applicants and the other persons. There is no statement recorded under Section 67(c) of

2 ABA1683.2024 the NDPS Act, so also, there is no other connecting material against the applicants.

4] In view of the above, the application is allowed in the following terms :

i] In the event the applicants are arrested in connection with Crime No.697 of 2024, registered at MIDC Waluj Police Station, District Chh. Sambhajinagar, for the offences punishable under sections 8(c) , 20 (B) of the NDPS Act, 1985, they shall be released on bail on furnishing PR bond of Rs.15,000/- each with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicants shall attend the police station as and when required by the Investigating Officer.

iii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case. iv] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court. 5] In the event, the applicants violates any of the conditions specified in this order, it shall be liable to be cancelled. 6] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application

3 ABA1683.2024 and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove. 7] The application stands disposed of.

[ARUN R. PEDNEKER, J.] marathe