Shriniwas Pawar Alias Sinu v. State Of Maharashtra

903-ba-577-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.577 OF 2024 Shriniwas Pawar Alias Sinu ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mr. Soumya Sanyal I.by Navin Prem Sachanandani, for the applicant. Ms. Raju Thakker, a/w. Advait Sethina, for Respondent/DRI. Ms. Veera Shinde, APP, for the Respondent / State. ---------------------

CORAM

:

ANIL S. KILOR, J.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.08.22 17:53:16 +0530 VARSHA DEEPAK GAIKWAD DATE :

22ND AUGUST, 2024.

PC:

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.54 of 2021, registered with DRI, Pune, Regional Unit, for the offences punishable under Sections 8(c), 20(b) (ii) (c), 27-A, 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3.

The only ground on which the bail has been sought is that the applicant was a driver on an accompanying car and he was not in a conscious possession of the contraband recovered from the truck on which the applicant was following.

varsha

903-ba-577-2024.doc 4.

Having gone through the charge-sheet and the material collected by the IO, it appears that the applicant went for negotiation with the ganja supply near Narsipatnam, Vishakha Patnam, District-Andra Pradesh along with accused no. 1, 2 and 7 during the periods 6th to 10th July 2021. Therefore, the submission of the learned counsel for the applicant that he was not in conscious possession of the contraband cannot be accepted at this stage.

5.

It is pointed out that charge is framed and about 16 witnesses will be examined. It is argued that the applicant is in jail from last 3 years and in the light of judgment of the Hon'ble Supreme Court of India in the case of 'Mohammad Muslim @ Hussain Vs. State (NCT of Delhi')1, the applicant is praying for grant of bail on the ground of period of incarceration.

6.

Since the offence is very serious and as I have observed that prima facie there is evidence to show that the applicant was in conscious possession of the contraband, I am not inclined to grant bail. 7.

However, considering the period of incarceration, the trial Court is directed to expedite the trial and an endevour be made to conclude the same within one year from the date of this order. 8.

The learned counsel for the applicant undertakes to place the copy of this order on the record of the trial Court within two weeks from today.

(ANIL S. KILOR, J) (2023) SCC Online 352 varsha