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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.1009 OF 2022

Mangesh Kalu Shelar

..

Applicant

Versus

The State of Maharashtra

..

Respondent

…

Mr.Dilip Mishra i/b Mr.Ayaz Khan for the Applicant.

Mr.S.V.Gavand, A.P.P. for the State/Respondent.

...

CORAM: BHARATI DANGRE, J.

DATED : 12^th JULY, 2022

P.C:-

1.

Heard learned counsel for the applicant and learned

A.P.P. for the State.

2.

The applicant is charged in C.R.No.204 of 2021

registered with Shil-Daighar Police Station on 29/06/2021 for

the offences punishable under Sections 8(c), 20(c), 20(b) and

Section 29 of the N.D.P.S.Act.

In connection with the said C.R., the applicant came to be

arrested on 12/07/2021.

M.M.Salgaonkar

SALGAONKAR

M M

Digitally signed

by SALGAONKAR

M M

Date: 2022.07.13

01:04:16 +0530

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3.

Perusal of the charge-sheet reveal that accused Nos.1, 2

and 3 were found in possession of 1894 gm of charas and 308

gm of ganja worth Rs.37,97,240/- and the said contraband has

been seized. Accused No.1 had revealed that he had sold

charas to accused No.4 i.e. the present applicant and,

therefore, on the search being carried out, he came to be

arrested. The investigation also led to an inference that the

seized ganja and charas was shared with accused No.2 and it

was purchased from accused No.3, resident of Shirpur, Dhule.

4.

Since it was alleged that accused No.1 had sold ganja to

the applicant, his house was searched, after giving notice

under Section 27 of the N.D.P.S. Act and 90 gm. of charas was

seized from his house.

The charge-sheet, thus, accuse him of being in possession

of 90 gm. of charas, which is admittedly a small quantity.

5.

Prima facie, there is no other material in the charge-

sheet connecting the present applicant to the other accused

persons via CDR or other mode, but the charge-sheet accuse

him of being in possession of 90 gm. of charas. The contraband

being small in quantity, on conviction, as per Section 20(b)(ii)

(A), which provides punishment for contravention in relation

to cannabis plant and cannabis, the applicant will have to

M.M.Salgaonkar

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undergo imprisonment which may extend to one year or with

昀椀ne which may extend to Rs.10,000/- or with both. The

applicant, being incarcerated in the jail for last one year, has in

fact undergone the sentence, which can be imposed.

In the wake of the aforesaid, the applicant deserves his

release on bail, subject to the following conditions :-

: ORDER :

(a)

Application is allowed.

(b)

Applicant -Mangesh Kalu Shelar shall be

released on bail in connection with C.R.No.204 of 2021

registered with Shil-Daighar Police Station on furnishing

P.R. Bond to the extent of Rs.25,000/- with one or two

sureties of the like amount.

He shall be released on a provisional cash bail for a

period of four weeks from today.

(c)

The applicant shall not directly or indirectly

make any inducement, threat or promise to any person

acquainted with facts of case so as to dissuade him from

disclosing the facts to Court or any Police Of昀椀cer. The

Applicant should not tamper with evidence.

M.M.Salgaonkar

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(d)

The Applicant shall report to the concerned

police station on 昀椀rst Saturday of every month till

framing of the charge.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar