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Bombay High CourtBA/2274/2024allowed

Jodifer @ Vincent Okafor v. The State Of Maharashtra

2025-03-27Hon'Ble Shri Justice Milind N. Jadhav2 pages

41.BA.2274.24.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2274 OF 2024 Jodifer @ Vincent Okafor Applicant (Accused No.2)

Versus

The State of Maharashtra .. Respondent ..

....................

 Ms. Suvidha Patil, Advocate for Applicant.

 Ms. Megha S. Bajoria, APP for Respondent - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 27, 2025.

P.C.:

1.

Heard Ms. Patil, learned Advocate for Applicant and Ms. Bajoria, learned APP for Respondent - State.

2.

Applicant is a foreign national having been incarcerated in an offence under the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). He is incarcerated for more than 3 and 1⁄2 years.

3.

On the issue of merits, Ms. Patil would submit that there is prima facie transgression of the provisions of Section 42 read with Section 52A of the NDPS Act. She would submit that considering the long incarceration pending trial and there being no possibility of the trial commencing in the near foreseeable future, it be considered as a ground for releasing the Applicant on bail.

41.BA.2274.24.doc 4.

Ms. Bajoria shall take appropriate instructions from the concerned Investigating Officer of the aforesaid submissions made by the learned Advocate for Applicant and apprise the Court on the next adjourned date and the long incarceration of the Applicant, Application shall be heard and decided on the next adjourned date which shall be noted by the prosecution.

5.

List the Bail Application on Board on 16th April, 2025. To be placed on the 'Supplementary Board'.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2025.03.28 11:33:33 +0530 AJAY TRAMBAK UGALMUGALE