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Bombay High CourtBA/2992/2024allowed

Aadam Hussain Khwaja Hussain v. State Of Maharashtra

2025-02-07Hon'Ble Shri Justice Milind N. Jadhav2 pages

50. BA-2992-2024.docx Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2992 OF 2 024 Aadam Hussain Khwaja Hussain .. Applicant

Versus

State of Maharashtra .. Respondent ....................

 Mr. Atul Sarpande i/by Mr. Suhas M. Kharat for Applicant  Mr. Hitendra J. Dedhia, APP for State ...................

CORAM : MILIND N. JADHAV, J.

DATE : FEBRUARY 07, 2025 P. C.

:

1.

Mentioned at the time of rising.

2.

Heard Mr. Sarpande, learned Advocate for Applicant and Mr. Dedhia, learned APP for State.

3.

Applicant before me is a 30 year old driver who is arraigned as accused No. 2. His name has been disclosed by accused No. 1 who has been apprehended in a chance recovery being in possession of 100 grams of MD i.e. the alleged contraband. On being asked and questioned, accused No. 2 has disclosed the name of accused No. 3. Accused No. 3 has also been apprehended albeit being in possession of 100 grams of alleged contraband and 15 Lakhs in cash. 4.

Mr. Sarpande would persuade me to consider no antecedents of the Applicant, 15 months incarceration in jail and indictment of the

50. BA-2992-2024.docx Applicant solely on the basis of the statement of accused No. 1. He would also persuade me to consider that there is no money trial whatsoever established. However the Applicant before me has disclosed of he having received the alleged contraband which was recovered on conscious possession of accused No. 1 from accused No.

3. In that view of the matter, learned APP shall apprise the Court about role of accused No. 2 on the next adjourned date when the matter will be heard.

5.

Stand over to 25th February, 2025 at 2:30 p.m. Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.02.07 19:28:09 +0530 RAVINDRA MOHAN AMBERKAR