Jaswantsing @ Senti Puransing v. State Of Mah., Thr. P.S.O. P.S. Katol, Distnagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 345 OF 2020 Mr. Jaswantsing @ Senti Puransing .Vs.

State of Maharashtra, thr. PSO, PS Katol, District- Nagpur. ____________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Shri. N. P. Meshram, Counsel for Applicant Smt. M. A. Barabde, APP for non-applicant/State.

CORAM

: PUSHPA V. GANEDIWALA, J.

ATED : 17 th AUGUST 2020.

Heard Shri. N. P. Meshram, learned Counsel for the applicant and Smt. M. A. Barabde, learned A.P.P. for nonapplicant/State through video conferencing. 2.

Applicant is said to be arrested in connection with Crime No. 347/2016 for the offences punishable under Section 08 (c), 20 (B), 22 and 29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS) Act read with Section 34 of the Indian Penal Code.

3.

It is the case of the prosecution that on 05.09.2016, an information received to Katol Police Station, District - Nagpur stating that one car has fallen down from the bridge in canal at Chikhali - Maina Sivar and two

occupants namely Amit Singh Tomar and Vijay Pal Kohi have been injured.

4.

The police then reached the spot of occurrence and noticed contraband material i.e. ganja "weighing around 190 kg" in the dicky of the car bearing Registration No. DL4C/AB-6700. FIR came to be lodged and after investigation chargesheet was filed against number of accused including the present applicant.

5.

I have perused the application, affidavit-in-reply of the State and the copy of the chargesheet. I have also perused the copy of orders of bail granted to the co-accused by the Hon'ble Apex Court and this Court.

6.

At the outset, a perusal of the order dated 06.12.2019 by which co-accused - Nikhilesh Bakshi was released on bail by Hon. Apex Court would reveal that the Hon'ble Apex Court considered that the trial could not be proceeded because one of the accused is absconding. The accused before the Apex Court was arrested from the place where 350 kg of contraband was seized.

7.

Thereafter on the basis of order of Hon'ble Apex Court, the co-accused - Amitkumar Hukumchand, whose role was not greater than the role attributed to the co-accused - Nikhilesh Bakshi, who is released on bail by the Apex Court, came to be released on bail by this Court vide order dated 12.05.2020 in Criminal Application (BA) No. 154/2020.

8.

This Court also released the co-accused - Manish Singh vide order dated 22.06.2020 in LD-VC- Criminal Application (BA) No. 158/2020, who was arrested from the place this applicant was arrested with contraband (ganja) of 350 kg.

9.

As per the prosecution case, the present applicant in his statement under Section 164 of the Code of Criminal Procedure stated that he drove the vehicle SX-4 bearing no. HR-36-J-9972 at the instant of co-accused through which contravene ganja was transported.

10. Considering the role attributed to the present applicant which is on a much better footing than the role attributed to the co-accused who are already on bail, on the ground of the parity, the applicant is also entitled to release on bail. Hence, the following order :-

ORDER

i) The criminal application is allowed.

ii) The applicant - Jaswantsing @ Senti Puransing, R/o. Tagore Garden, Delhi, shall be released on his executing P.R. Bond in the sum of Rs. 1,00,000/- (Rs. One Lakhs only) with one local surety in the like amount.

iii) The applicant shall also deposit the original title documents of his property or the property of his family

members in Delhi, subject to the verification by the learned Trial Court.

iv) The applicant shall report to the concerned Police Station on the first Monday of every quarter. v) Needles to say that in case of breach of any of the aforesaid conditions, the respondent/State will be at liberty to arrest the applicant.

vi) The criminal application stands disposed of in above terms.

11.

This order be communicated to the counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law. JUDGE TAMBE by Vithal Choulwar Date:

2020.08.18 18:49:27 +0530 Vithal Choulwar