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Bombay High CourtBA/5215/2024allowed

Karan Sundeep Mehra v. The Special Intelligence And Investigation

2025-03-06Hon'Ble Shri Justice Amit Borkar2 pages

85.BA.5215.24.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 5215 OF 2024 Karan Sundeep Mehra .. Applicant

Versus

The Special Intelligence and Investigation Branch and Anr.

.. Respondents ....................

 Mr. Datta H. Pawar, Advocate for Applicant.

 Ms. Megha S. Bajoria, SPP for Respondent No.1 - SIIB.  Ms. Savita M. Yadav, APP for Respondent No.2 - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 06, 2025.

P.C.:

1.

Heard Mr. Pawar, learned Advocate for Applicant and Ms. Bajoria, learned SPP for Respondent No.1 - SIIB and Ms. Yadav, learned APP for Respondent No.2 - State.

2.

Applicant is a young offender. He was apprehended and arrested in an offence punishable under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. He is incarcerated for more than 10 months.

3.

Mr. Pawar would inform the Court that there is no incriminating material whatsoever in the prosecution case and theory to link the nexus of the Applicant in he having any complicity in committing the present offence save and except the fact that Accused No.1 used the name of Applicant for booking the parcel through telegram app which showed the address of the Applicant. He would

85.BA.5215.24.doc specifically inform the Court that the Applicant did not provide Accused No.1 any documentation whatsoever for enabling him to book the alleged contraband.

4.

Ms. Bajoria appears for Respondent No.1 - SIIB. At the outset, she would submit that Applicant needs to implead the State of Maharashtra as a party to the Application considering his indictment in the criminal offence. Amendment is permitted to be carried out forthwith in the presence of the Court to implead State of Maharashtra as Respondent No.2. Re-verification stands dispensed with. 5.

Ms. Bajoria, learned SPP would persuade the Court to allow her to file Affidavit to explain the role and complicity of the Applicant in the present crime.

6.

Considering the age of the Applicant and the aforesaid facts which are submitted by the learned Advocate for the Applicant, Respondent No.1 is directed to file its Affidavit positively within a period of two weeks from today and the same shall be served on the Advocate for Applicant.

7.

List the Bail Application on Board on 25th March, 2025 for hearing and disposal. To be placed on the 'Supplementary Board'. [ MILIND N. JADHAV, J. ] by AJAY TRAMBAK UGALMUGALE Date: 2025.03.06 20:21:10 +0530 AJAY TRAMBAK UGALMUGALE Ajay