Rutik Kailas Tembhurne v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1310 OF 2026 Rutik Kailas Tembhurne ....Applicant

VERSUS

State Of Maharashtra ....Respondent ____________________________________________________________ by NILAM SANTOSH KAMBLE Date: 2026.04.23 16:23:33 +0530 NILAM SANTOSH KAMBLE Mr.Amit Icham a/w Mr.Chaitanya Purankar, for the Applicant. Ms.Gaur Rao, APP for Respondent-State.

Mr.V.V. Dhurve, API, Chandan Nagar Police Station, Pune City. ____________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 22nd APRIL 2026 P.C. :

.

By this Application, the Applicant is seeking regular bail in Crime No.274 of 2023 registered with Chandan Nagar Police Station, Pune City, for the offences punishable under Sections 8(C), 22(b)(ii)(c) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, ('NDPS' for short).

2.

It is prosecution's case that the Police apprehended the Applicant and in his personal search Police found 21.6 kg ganja. 3.

It is contention of learned counsel for the Applicant that the said ganja was seized along with flowering and fruiting tops seeds, tops and leaves. It was heterogeneous mixture. It was slightly more than commercial

quantity. The Applicant is behind bars for more than two years and ten months. There is no progress in trial, and requested to allow the Application. 4.

It is contention of learned APP that, the Applicant was found in possession with commercial quantity of ganja. If the Applicant released on bail, he may abscond or threaten prosecution witnesses, and requested to reject the Application.

5.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

6.

The ganja found in the possession of the Applicant was slightly more than commercial quantity. The said ganja was with heterogeneous mixture with flowering, seeds, tops and leaves. As seized ganja was slightly more than commercial quantity. The Applicant is behind bars for more than two years and ten months. It may take time to conclude the trial and I pass following order.

ORDER

(i) The Applicant be released on bail in Crime No.274 of 2023 registered with Chandan Nagar Police Station, Pune City, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)