Vishnu Sarjappa Pirapgol @ Kamble And ANR v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2852 OF 2024
1. Vishnu Sarjappa Pirapgol @Kamble
2. Kashappa Vishnu Pirapgol @ Kamble ...Applicants
Versus
The State of Maharashtra
...Respondent
....
Adv. Behzad Irani and Adv. Sonappa Nandrankar, Advocate for the Applicant.
Ms. P. S. Rane, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE : 06th MAY, 2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicants came to be arrested in Crime No.226 of 2023 registered at Gadhinglaj Police Station, District : Kolhapur, for the offences punishable under Sections 8(c), 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').
3.
On 16.06.2023, the police personnel of Gadhinglaj Police Station got the information that the present applicants had planted the Ganja plants in their agricultural field. Pursuant to the said information, the agricultural field owned
by the present applicants was inspected and the Ganja plants were found planted in hidden corners of sugarcane field. The plants were uprooted. They were weighed and found to be 107 kg. 400 gm..
4.
The learned counsel for the applicants submits that the applicants have nothing to do with the alleged crime. It is submitted that there is nothing to show that the Ganja plants were planted by the present applicants. It is submitted that the applicants are in jail for about two years and there are no other criminal antecedents.
5.
On the other hand, the learned A.P.P. for the Respondent-State submits that there is material to show that the present applicants are the owners of the land where the Ganja plants were found to be planted. It is submitted that considering the nature of crime, the applicants may not be released on bail.
6.
The applicants are in jail for about two years and there are no other criminal antecedents. In absence of statements of adjacent land owners, I am inclined to release the applicants on bail.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicants are directed to be released on bail in connection with Crime No.226 of 2023 registered at Gadhinglaj Police Station, District : Kolhapur, for the offences punishable under Sections 8(c), 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') on executing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount;
(iii) The Applicant No.2 shall attend the concerned Police Station once in a month i.e. on first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) The applicants shall not commit any other crime. (v) It would be open to the prosecution to file the application for cancellation of bail if the applicants commit breach of any of the above conditions; (vi) Application stands disposed of accordingly.
(N. R. BORKAR, J.)