Ramdas Kisan Wabale v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3155 OF 2024 Ramdas Kisan Wabale ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mr. Milind Deshmukh with Swapnil Vighne, for the applicant. Mr. P.P. Deokar, APP, for the Respondent / State. Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.09.26 14:16:49 +0530

CORAM

:

ANIL S. KILOR, J.

VARSHA DEEPAK GAIKWAD DATE :

25th SEPTEMBER, 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.110 of 2024, registered with Bhigwan Police Station, Indapur for the offences punishable under Sections 8, 15, 18 and 46 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3.

The present case relates to cultivation of opium/poppy. The opium plants weighed 163.900 kgs seized from the applicant. There is no commercial or small quantity under the act in respect of cultivation of opium / poppy trees and therefore, the offence in this regard is covered under section 18(c) of NDPS, Act for which the rigorous

imprisonment which may extend to 10 years and with fine which may extend to one lakh rupees. There are no antecedents against the applicant.

4.

In the circumstances, as the charge-sheet has been filed, I am of the opinion that though the learned APP has opposed the application, since further custody of the applicant is not necessary, this is a fit case for grant of bail. Hence, I pass the following order:

ORDER

i) Criminal application is allowed;

ii) It is directed that the applicant shall be released on bail in Crime No.110 of 2024, registered with Bhigwan Police Station, Indapur for the offences punishable under Sections 8, 15, 18 and 46 of the Narcotic Drugs and Psychotropic Substances Act, 1985, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;

iii) The applicant shall attend the said Police Station on 1st day of each month between 10.00a.m. to 11.00 a.m., till the conclusion of the trial except on the date of trial; v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

vi) Liberty is granted to the State to apply for cancellation of bail if the applicant commits similar offence; vii) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.

5.

The application is disposed of .

(ANIL S. KILOR, J)