Somnath Suresh Kamble v. State Of Maharashtra

904-ABA-778-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.778/2025 SOMNATH SURESH KAMBLE ...APPLICANT VS STATE OF MAHARASHTRA ...RESPONDENT ...

Adv. Anand S. Patil for the Applicant.

Adv. Avinahs Naik, APP for the State.

...

CORAM

: RAJESH S. PATIL, J.

DATED : MARCH 20, 2025 P.C.:

1.

This is a second bail application filed by the applicant. The earlier bail application filed by the applicant was withdrawn on 27 September 2023 before this Court.

2.

In the complaint filed, it has been stated that the present applicant is the owner of the vehicle which carried out gunny bags containing "Ganja." Therefore, the present applicant is roped-in as accused no. 2 in the crime.

3.

Mr. Patil, learned counsel for the applicant submits that three of the accused have been arrested and have been released by way of regular bail and two more accused were released on pre-arrest bail. He submits that the vehicle owned by the present applicant was in the Harish

904-ABA-778-2025.doc custody of the police from 23 April 2021 in the crime registered at Sangola Police Station. There is an allegation that the number plate of the vehicle of the applicant which was used for carrying out the sand from the river bad was used for the vehicle in which the banned substance "Ganja" was transported. He submits that the incident in the present proceeding as per the FIR took place on 7 June, 2021, therefore, the number place of the vehicle of the present applicant could not have been used as the said vehicle was in the custody of Sangola Police Station.

4.

The learned APP submits that the investigating officer is not present in the court and the copy of the anticipatory bail application has been served yesterday evening. He submits that going through the paper it can be seen that the brother of the present applicant is the owner of a vehicle in which the banned substance "Ganja" was transported. He submits that as regards the case of the present applicant that the number plate of the vehicle of the applicant being used by the brother of the accused has to be verified through the investigating officer.

5.

Stand over to 27 March 2025.

(RAJESH S. PATIL, J.) Harish