Sohail Ajgar Baig v. State Of Maharashtra

Shivgan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1505 OF 2025 Sohail Ajgar Baig ...Applicant

Versus

State of Maharashtra

...Respondent

Mr Anil G Lalla, with Yash S Pulekar, Rushil Alag, Yashvi Jain, Deepti Panadi and Devang Rawal, for the Applicant. Ms Megha S Bajoria, APP for the Respondent-State. Mr Sopan Bhagwat Wadkar (Pairavi Adhikari), PSI attached to Sakinaka Police Station present.

CORAM

Dr. Neela Gokhale, J.

DATED:

PC:- 1.

The Applicant seeks his release on bail in connection with FIR No.216 of 2024 dated 24th February 2024 registered with the Sakinaka Police Station, Mumbai for the offences punishable under Sections 8(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1983 ('NDPS Act' for short).

2.

As per the prosecution case, in all there are 5 accused persons involved in the present case. The Applicant is the Accused No.2. On information provided by the co-accused during his interrogation, the Applicant was implicated. The Applicant gave a disclosure statement and at his behest, the officials recovered 50 gms of contraband from a room inhabited by him. Hence, he was also arraigned as Accused in the present C.R. He made a bail application before the Special NDPS Court and by an order dated 7th December 2024, the same was rejected. Hence, he is before this Court seeking reliefs as prayed.

3.

Mr. Anil Lalla, learned counsel appearing for the Applicant, at the very outset, has tendered an order dated 23rd September 2025 passed by this Court, granting bail to coaccused in the present C.R. In the said order, 25 gms of Mephedrone (MD) was recovered from that accused, which is of a non-commercial quantity. Mr. Lalla submits that even from the present Applicant only 50 gms of MD was recovered,

which is a non-commercial quantity and hence, the rigors of Section 37 of the NDPS Act, shall not apply.

4.

Per contra, Ms. Megha Bajoria, learned APP representing the State, submits that Section 29 of the NDPS Act has been invoked and there is a conspiracy between all the five accused in the commission of the said offence. She also submits that 50 gms of MD is a commercial quantity and bar of Section 37 of the NDPS Act shall operate. She thus, resists the said Bail Application.

5.

I have heard the counsel and perused the papers with their assistance. It is apparent that the Applicant was arrested on 28th February 2024 and he has already suffered incarceration of about 1 and 1⁄2 years. The Supreme Court, in a series of judgments has held that, prolonged incarceration generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution of India and in such a situation, conditional liberty must override the statutory embargo created under Section 37(1)(d)(ii) of the

NDPS Act. Admittedly, the Applicant does not have any antecedents. He is thus, prima facie unlikely to repeat the said offence. Moreover, the co-accused is also granted bail, albeit the quantity recovered from him is acceptably noncommercial. 6.

In view of the aforesaid, I am inclined to grant bail to the Applicant. Hence, the following order:

ORDER

i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.50,000/ with one or two local sureties in the like amount; ii) The Applicant shall attend the Trial Court concerned on each and every date unless exempted by the orders of the Trial Court concerned;

iii) The Applicant shall also attend the concerned Police Station once in a month on the first Saturday of every month between 11:00 a.m. to 02:00 p.m.; iv) The Applicant shall deposit his passport, if any is issued to him, with the concerned Police Station;

v) The Applicant shall not leave India, without the permission of the Trial Court;

vi) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

vii) The Applicant shall inform his latest place of residence and mobile number immediately after being released and / or change of residence or mobile details, if any, from time to time to the Court

seized of the matter and to the Investigating Officer of the concerned Police Station;

viii) The Applicant to co-operate with the conduct of the trial;

ix) Any infraction of the aforesaid conditions shall entail cancellation of bail.

7.

Application is allowed in the above terms and is accordingly disposed of.

8.

It is made clear that the observations made herein are prima facie and are confined to this Application and the learned Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein. (Dr. Neela Gokhale, J) SHAMBHAVI NILESH SHIVGAN SHAMBHAVI NILESH SHIVGAN Date: 2025.10.09 12:29:01 +0530