Paul Chigbata Onuoroh S/O Onuoroh v. State Of Maharashtra

2025:BHC-AS:26605

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2371 OF 2025 IN CRIMINAL BAIL APPLICATION NO.3027 OF 2024 Paul Chigbata Onuoroh S/o Onuoroh ... Applicant.

Vs.

State Of Maharashtra ... Respondent.

--- Mr. Advait Tamhankar for the Applicant.

Ms. M. H. Mhatre, APP for the Respondent/State. --- CORAM : ASHWIN D.BHOBE, J.

DATE : 2nd JULY, 2025.

P.C. :

1.

By the present Application filed on 30th June 2025, the Applicant has sought for the following relief :- "(a) That pending the hearing and final disposal of the NDPS Spl. Case No. 88/2021 registered by Narcotics Control Bureau, Mumbai pending before the Ld. Spl. Sessions Court, Panvel, this Hon'ble Court may be pleased to modify the order dated 06.05.2025 and release the Applicant on cash bail in lieu of surety.

(b) This Hon'ble Court in the alternative may be pleased to release the Applicant on a temporary cash bail in lieu of surety for a period of 8 weeks so as to enable the Applicant to locate and furnish surety as directed by this Hon'ble Court vide order

dated 06.05.2025.

(c) That this Hon'ble Court may be pleased to grant any such other and further order and directions as this Hon'ble Court deems fit and proper."

2.

By order dated 6th May 2025, passed in Criminal Bail Application No. 3027/2024, the Applicant was granted bail on the conditions which are mentioned in paragraph no. 7(A) to (C) which reads as under :- "A] The Application is allowed.

B] The applicant be released on bail in Case No. 88 of 2021 registered by NCB, Mumbai, for the offences punishable under Sections 8(c) read with 22 (c), 20(B) (ii)(A), and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985, on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall attend the office of NCB, twice in a month, i.e., on first & third Friday between 11:00 am to 2:00 pm, till conclusion of the trial."

3.

Applicant submits that the Applicant in paragraph No.6 of the Application has stated that he is in jail from 4 years, as such he is unable to secure a local surety, as such, the request is made to modify condition no. 7[B] of the order dated 6th May 2025, passed in Criminal

Bail Application No. 3027/2024.

4.

Mr. Advait Tamhankar, learned advocate for the Applicant states that he has instructions from the Applicant to make a statement that if the condition is modified by releasing the Applicant on provisional cash bail in lieu of surety, then the Applicant shall furnish the regular surety after eight weeks of his release. 5.

Ms. M. H. Mhatre, learned APP for the State, submits that in the event, the Applicant undertakes to furnish the regular surety within a period of eight weeks as stated by him, then the prosecution has no objection on provisional cash bail. She submits that the Applicant be directed to deposit his passport with the Investigating Officer.

6.

Mr. Advait Tamhankar, learned advocate for the Applicant again on instructions of the Applicant undertakes to furnish the regular surety within a period of eight weeks from the date of his release. Statement accepted. He submits that the passport of the Applicant is seized during the first investigation of the Cr. No.88/2021. Mr. Advait Tamhankar submits that in the event, the passport is with the Applicant, the same shall be surrendered to the Investigating officer within three days of his release.

7.

In view of the above, the Applicant is permitted to furnish provisional cash bail in lieu of surety. Applicant shall furnish the regular surety within a period of eight weeks from the date of his release.

8.

Interim Application No.2371/2025 is disposed of. [ ASHWIN D.BHOBE, J.] Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 03/07/2025 19:20:47