Pinki Manoj Tiwari v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 22 OF 2025 Pinki Manoj Tiwari ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Ms. Parveen B. Kamble a/w Ms. Seema Dighe, Mr. Pankaj Kalekar and Mr. Kunal Bhovsar, Advocate for the Applicant. Mr. T. G. Khan, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
22nd JANUARY, 2025.
P.C.
:
1.
This is an application for anticipatory bail. 2.
The applicant is apprehending her arrest in Crime No.710/2024 registered at Bhosari Police Station, District:Pune, for the offences punishable under Sections 8(c), 20(B) II(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3.
I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.
4.
The learned counsel for the applicant submits that on 02-11-2024 husband of the applicant, who is the co-accused in the present crime was apprehended as his activities were
found to be suspicious. It is submitted that, thereafter, the search of the house of the applicant was taken and it is alleged that 01 kg 837 gm of Ganja was found. It is submitted that the present applicant has nothing to do with the present crime. The applicant is a house wife. It is submitted that nothing is to be recovered at the instance of the applicant and therefore, there is no need of custodial interrogation.
5.
On the other hand learned A.P.P. for the RespondentState submits that the co-accused during interrogation has revealed that the present applicant was purchasing and selling the Ganja. It is submitted that to unearth the source of purchase of Ganja, custodial interrogation of the applicant is necessary. It is submitted that considering the nature of offence, the applicant may not be released on anticipatory bail.
6.
The co-accused was apprehended as the patrolling party suspected that he was selling Ganja. In such situation, if the statement of the co-accused that he has nothing to do with the alleged sale and purchase of Ganja is accepted then it would create doubt about the whole prosecution case. There are no other criminal antecedents against the applicant. Nothing is to be recovered at the instance of the present applicant. Considering the over all facts and circumstances of the case, I am inclined to release the applicant on anticipatory bail.
ORDER
(i) Anticipatory Bail Application is allowed;
(ii) In the event of arrest of the applicant in connection with Crime No.710/2024 registered at Bhosari Police Station, District:Pune, for the offences punishable under Sections 8(c), 20(B) II(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount; (iii) The applicant shall attend the concerned Police Station as and when called by the Investigating Officer and shall co-operate with the Investigation.
(iv) After filing of the charge-sheet, the applicant shall attend the concerned Police Station twice in a month i.e. on first and third Saturday of the Month between 11:00 a.m. to 2:00 p.m. till conclusion of trial.
(v) Anticipatory Bail Application stands disposed of accordingly.
(N. R. BORKAR, J.)