Bipin Kumar@ Sagar Saxena v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4018 OF 2024 Bipin Kumar @ Sagar Saxena ...
Applicant.
V/s.
The State of Maharashtra ...
Respondent.
------------------- Mr Siddharth Mehta a/w Sanket Chorge, Sandeep Magan, Ms Harshada Shrikhande, Advocate for Applicant Ms Priyanka S. Rane, APP for the State.
--------------------- by RAJIV BABARAOJI RAUT Date: 2024.10.23 17:20:38 +0530 RAJIV BABARAOJI RAUT
CORAM
:
ANIL S. KILOR, J.
DATED :
OCTOBER 22, 2024.
PC:
1. Heard.
2. By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Custom NDPS Crime No.2 of 2016, registered with Customs Department (Narcotics Cell), Pune for the offences punishable under Sections 22(c), 29(1) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. This Court granted bail to the co-accused-Suresh Ganpati Deshmukh on the ground of long period of incarceration relying upon the judgment of the Hon'ble Supreme Court of India in the case of Mohammad Muslim @ Hussain Vs. State (NCT of Delhi),
reported in 2023 SCC-OnLine-SC 352. The period of incarceration of the applicant is similar as of the the co-accused Suresh Deshmukh and thus, the principle of parity will apply in the present matter.
4. The learned APP is not disputing the above referred fact about grant of bail to Suresh Ganpati Deshmukh on the ground of long period of incarceration and therefore, applicability of the principle of parity in the present case.
5. Considering the aforesaid circumstances, I am of the opinion that the applicant is entitled for grant of bail. Accordingly, I pass the following order:
i) The Criminal Application is allowed.
ii) It is directed that the applicant shall be released on bail in connection with Custom NDPS Crime No.2 of 2016, registered with Customs Department (Narcotics Cell), Pune for the offences punishable under Sections 22(c), 29(1) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, on furnishing P.R.Bond in the sum of Rupees Twenty Five Thousand with one solvent surety in the like amount;
iii) The applicant shall attend the Customs Department (Narcotics Cell), Pune on first and sixteenth day of each month between 12:00 noon and 02:00 pm, till conclusion of the trial, except on the date of the trial.
iv) 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;
v) Liberty is granted to the State to apply for cancellation of bail if the applicant commits similar offence or breaches any condition for grant of bail.
vi) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.
The Criminal Application is disposed of accordingly. (ANIL S. KILOR, J)