Mahesh @ Bunty Prakash Pawar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1064 OF 2025 Mahesh @ Bunty Prakash Pawar ...Applicant

Versus

The State of Maharashtra

...Respondents

_________________________________________________________________ Mr. Vaibhal Kulkarni a/w Ms. Disha Rathod a/w. Ms. Srushti More a/w. Abhishek Tare, Advocate for Applicant.

Mr. P.P. Jadhav, APP for Respondent-State.

PSI Bhupesh Salunke, Sinhgad Road Police Station present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 4th May, 2026.

P.C. :

1.

Heard learned counsel for the Applicant and learned APP for the State.

2.

By this application, the applicant is seeking regular bail in Crime No. 255 of 2021 registered with Sinhgad Police Station, Pune for the offence punishable under Sections 8(c), 20(b)(ii) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS') and under Sections 3(1) (ii), 3(2), and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (for short 'MCOCA').

3.

It is prosecution's case that on 20/06/2021 on secret information, the police apprehended the applicant and co-accused and

they found 22.500 kg. Ganja, out of it, 21.4 kgs Ganja has been recovered from the possession of the applicant.

4.

It is contention of learned counsel for the Applicant that applicant is behind bars almost five years, yet charge is not framed. The co-accused, who was with the Applicant, has been released on bail. Hence, requested to allow the application.

5.

It is contention of learned APP that Applicant has antecedents under NDPS Act. More than 21 Kgs Ganja has been recovered from the possession of the Applicant. The allegations against applicant are serious nature. If he is released on bail, he may abscond or threaten prosecution witnesses.

6.

I have heard both learned counsel. Perused charge sheet and documents produced on record. The mixture of Ganja recovered from possession of the applicant was sent for CA examination. As per CA report submitted by the Regional Forensic Science Laborator, Pune, the sample contains fruiting tops mixed with pieces of stalks, stems, leaves and seeds. The Ganja found in possession of the Applicant was slightly more than commercial quantity. Applicant is behind bars almost five years, yet charge is not framed. The co-accused, who was with the Applicant, has been released on bail.

7.

Considering these facts, I pass following order:

ORDER

(i) The Applicant-Mahesh @ Bunty Prakash Pawar be released on bail in Crime No. 255 of 2021 registered with Sinhgad Police Station, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall attend the concerned police station, as and when called.

(iii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iv) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order. (v) Bail Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)