Muzammil Kallu@Shahid Warsi v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL CRIMINAL BAIL APPLICATION NO.3680 OF 2025 VASANT ANANDRAO IDHOL Date: 2026.03.10 13:15:42 +0530 Muzammmil Kallu @ Shahid Warsi ...Applicant V/s.

State of Maharashtra

...Respondent

Mr.Amol M. Thombre with Mr.Vishal S. Sarode and Mr.Aakash K. for the Applicant.

Mr.Ashwin R. Kapdnis "B" Panel Counsel for the State - Respondent.

CORAM : R.M. JOSHI , J.

DATE : 9TH MARCH, 2026.

P.C. :- 1.

This application is for enlargement on bail in connection with C.R. No.275 of 2025 registered with D.N. Nagar Police Station for the offence punishable under Sections 8(c), 22(c) and 29 of NDPS Act.

2.

It is the case of the prosecution that while on patrolling duty on the receipt of secret information, the coaccused i.e. accused No.1 was accosted. Mephedrone of 14 grms. was seized from him. On the basis of the information received 1/4

from accused No.1, on 21st April, 2023, from accused No.2 Mephedrone of 16 grams came to be seized.

3.

Learned counsel for the Applicant submits that even accepting the case of the prosecution as it is, embargo created by Section 37 of the Act has no application to the present case. It is his contention that no similar crime is said to have been committed by Applicant herein before. He therefore, seeks bail. 4.

Learned APP opposed the application by citing the seriousness of the crime. It is his contention that there is one crime registered against the Applicant for the offence under Section 327 of IPC.

5.

Perusal of the record more particularly panchanama of seizure of contraband indicates that the weight of contraband seized from the Applicant is 14 grams including powder. There is substance in the contention of the learned counsel for the Applicant that the reason for sub-Section 37 of the Act may not apply to the present case. The Applicant is in jail since 21st April, 2025. The trial is not likely to get over in short period of time. Though there is one antecedent against the Applicant, he was 2/4

not alleged to have committed similar offence. Hence the following order :- O R D E R :

a).

The Application stands allowed.

b).

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 manner.

c).

The Applicant shall attend the Trial Court on each and every date unless exempted by the orders of the Trial Court. d).

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 2:00 p.m. till the charges are framed. e).

If the Applicant has not deposited his passport, the Applicant shall deposit the same with the concerned Police Station.

f).

The Applicant shall not leave India, without the permission of the Trial Court.

g).

The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned 3/4

with the case.

h).

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.

i).

The Applicant to co-operate with the conduct of the trial.

j).

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

6.

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

7.

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.

(R.M. JOSHI, J.) 4/4