Bombay High CourtBA/99/2016allowed

Rajesh S/O Shaligram Onkare (In Jail) v. State Of Maharashtra, Through P.S.O. P.S. Hiwarkhed, Akola

2016-02-26Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba99.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 99 OF 2016 (RAJESH SHALIGRAM ONKARE...VS..STATE OF MAH., THR. PSO, PS HIWARKHED, DIST. AKOLA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : FEBRUARY 26, 2016.

Heard Shri A.B.Mirza, advocate for the applicant and Shri T.A.Mirza, A.P.P. for the non-applicant. The applicant is arrested in the crime registered against him for the offences punishable under Sections 8, 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The case of the prosecution is that the contraband article (ganja) weighing about 75 kgs. kept in two gunny bags is seized from an auto-rickshaw. The accusation is that the applicant is friend of accused Smt.Ranuka Chavan and Rohan Ghungad and the applicant was following the auto-rickshaw and call data record (CDR) shows that the applicant was in touch with the other two accused. The applicant is arrested and is in jail since 23/09/2015. The charge-sheet is filed. Earlier the applicant was booked for the offence under the Maharashtra Gambling Act. The non-applicant has not been able to show that the custody of the applicant is required for further investigation.

In view of above, I am satisfied that the applicant is entitled for being released on bail. Hence, the following order :

2 ba99.16 The applicant, having been arrested in Crime No.3041 of 2015 registered by the non-applicant, he be released on bail on furnishing P.R. Bond in the sum of Rs.Twenty Five Thousand and two solvent sureties in the like amount, out of which one solvent surety shall be by the resident of Hiwarkhed, Tahsil : Telhara, District : Akola. The applicant shall attend every date of the trial before the Special Judge, unless granted exemption by the said Court. If the applicant fails to attend any date of the trial without seeking exemption from the Special Judge, this order shall stand recalled.

The application is allowed in the above terms. CRI.APPLN.(APPP) NO.202/2016.

In view of disposal of the main application, the present application for dispensing with filing the photo copy of APP's say does not survive, hence, it is disposed of. JUDGE RRaut..