Datta Nathprasad Pawar And Another v. The State Of Maharashtra
2025:BHC-AUG:9845 {1} BA 2192 OF 2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 2192 OF 2024 1.
Datta S/o. Nathprasad Pawar Age: 25 years, Occu.: Labour, R/o. At Pangarkar Nagar, Jalna, Tq. & Dist.Jalna.
2.
Kailash S/o. Ganesh Pawar Age: 29 years, Occu.: Labour, R/o. At Laxmi-Narayanpura, Jalna, Tq. & Dist.Jalna.
..Applicants
Versus
.
The State of Maharashtra Through : The Investigation Officer, Dindrud Police Station, Dist.Beed.
..Respondent ...
Advocate for Applicants : Mr. Manish Purushottam Tripathi APP for Respondent : Mr.V.M.Chate ....
CORAM : ABHAY S. WAGHWASE, J.
DATE : 03 APRIL, 2025 ORDER :
1.
Applicants seek grant of regular bail in crime no.0106 of 2024 registered at Dindrud Police Station, District Beed for offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
{2} BA 2192 OF 2024 2.
It is submitted that applicants are arrested in above crime on 31-05-2024. That, there are allegations that they were sitting in a white Car carrying Ganja weighing 60 kg. and 146 gm. That, infact applicants have nothing to do with alleged contraband. That, now investigation is over and chargesheet is already filed on 26-08-2024. He pointed out that sample is drawn and seizure is already effected and probably CA report is also received and therefore, no further recovery or discovery is to be made from the applicant. For above, reasons, learned counsel seeks relief of grant of bail. 3.
Learned APP opposed application on the ground that commercial quantity of Ganja has been seized from the applicants. However, on Court query, learned APP conceded that inventory is drawn and CA report is already received.
4.
Heard. Perused the papers. Applicants are behind bars since last nine months. No further recovery of discovery is shown to be made from the applicants. Therefore, practically no purpose would be served by their further detention. There is nothing to indicate any prospects of commencement of trial in near future. Apprehension of misuse of liberty can be taken care of by imposing stringent
{3} BA 2192 OF 2024 condition. In view of above discussion, relief as prayed deserves to be granted. Hence, following order is passed. :
ORDER
(i) Bail Application is allowed.
(ii) Applicant nos.(1) Datta S/o. Nathprasad Pawar and
(2) Kailash S/o. Ganesh Pawar be released on bail in connection with Crime no.0106 of 2024 registered with Dindrud Police Station, Dist.Beed on executing Personal Bond of Rs.15,000/- each with one surety in the like amount each.
(iii) Applicants shall not tamper prosecution evidence. (iv) Applicants shall not leave the jurisdiction of Dindrud Police Station, Dist.Beed, till conclusion of trial, except for attending effective dates before the Court.
( ABHAY S. WAGHWASE ) JUDGE SPT