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Bombay High CourtBA/2921/2024allowed

Suresh Manohar Kedari v. State Of Maharashtra

2025-02-10Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2921 OF 2024 Suresh Manohar Kedari ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Mithilesh Mishra a/w Mr. Somnath Bhise, Advocate for the Applicant.

Mr. T. G. Khan, A.P.P. for the Respondent - State. Mr. A.G. Pawar, Alephata Police Station, Pune (Rural), present. ....

CORAM

:

N. R. BORKAR, J.

DATE :

10th FEBRUARY, 2025 P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.98 of 2024 registered at Alephata Police Station, District : Pune (Rural) for the offences punishable under Sections 8(c), 20(B) (ii) (b) of the Narcotics Drugs & Psychotropic Substances Act, 1985 (for short "N.D.P.S. Act").

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.03.05 19:29:34 +0530 SAJAKALI LIYAKAT JAMADAR

3.

The allegations against the applicant are of recovery of 17 kg 865 gm of Ganja from his house, which is an intermediate quantity.

4.

Learned counsel for the applicant submits that the applicant is an agriculturalist. It is submitted that search was carried out in violations of mandatory provisions under the NDPS Act. It is submitted that the applicant is in jail for ten months and there are no other criminal antecedents against him.

5.

On the other hand, the learned A.P.P. for the Respondent-State submits that the applicant is involved in serious offence. It is submitted that, considering the nature offence, the applicant may not be released on bail. 6.

The applicant is in jail for the ten months and the trial has not yet commenced. There are no other criminal antecedents against the present applicant. In that view of the matter, I am inclined to release the applicant on bail.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No.98 of 2024 registered at Alephata Police Station, District : Pune (Rural) for the offences punishable under Sections 8(c), 20(B) (ii) (b) of the Narcotics Drugs & Psychotropic Substances Act, 1985. NDPS Act, 1985 on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(iii) The applicant shall attend the concerned Police Station twice in a month i.e. on first and third Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) The applicant shall not commit any other crime; (v) It would be open to the prosecution to file an application for cancellation of bail, if the above conditions are breached;

(vi) Application stands disposed of accordingly.

(N. R. BORKAR, J.)