914. BA-1531-2021.doc

BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 1531 OF 2021

KALIM KHALIL MOMIN

….Applicant.

V/s

THE STATE OF MAHARASHTRA

…..Respondent

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Mr. Ali Bubere for the Applicant.

Mr. M.G. Patil, APP for the Respondent/State.

PSI Dipesh Kini, Crime Branch, Unit-1 Thane, Bhiwandi City Police

Station, present.

----

CORAM: NITIN W. SAMBRE, J.

DATE: NOVEMBER 25, 2021

P.C.:-

1]

Applicant was arrested on May 13, 2019 in C. R. 268 of 2019

registered with Bhiwandi City Police Station, District Thane for the

offences punnisha le unnder Sections 328, 2782, 2783, 2786, 188 read with

Section 34 of the IPC, unnder Sections 18(c) 278( )(2), 278(d) of Drungs and

Cosmetics Act, 1940 read with Sections 3/25, 4/25, 78/25 of Arms Act,

and unnder Sections 7878, 788 of Junvenile Junstice Act read with Sections 8,

22 of NDPS Act.

2]

Allegations against the Applicant are, alongwith his family

mem ers, he was carrying unsiness of sale of Narcotic Drungs.

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BHARAT

DASHARATH

PANDIT

Digitally signed

by BHARAT

DASHARATH

PANDIT

Date: 2021.11.26

11:05:12 +0530

914. BA-1531-2021.doc

3]

Prosecuntion case is ased on Section 278 of the Evidence Act i.e.

statement of rother of the Applicant. Discovery was made as regards

storage of Codeine ottles. Apart from a ove, I am informed that

certain arms were recovered from the hounse of the Applicant viz one

Desi Pistol, eight knives and one sword.

4]

It is funrther claimed y Mr. Patil, learned APP that a small qunantity

of ta lets Aplrazolam was recovered from the Applicant.

5]

If the aforesaid sun missions of learned APP are appreciated in the

ackdrop of case for ail, what is noticed is, unt for one antecedent

against the Applicant that too punnisha le unnder Section 498A of the

IPC, there are no other offences.

6]

Statement of co-accunsed Salim made unnder Section 278 of the

Evidence Act will not ind the Applicant. Even confessional statement

to that effect unnder Section 678 of the NDPS Act cannot e held to e

inding.

78]

In the aforesaid ackdrop, if offence unnder NDPS Act against the

Applicant is considered, maximunm punnishment provided is three years

against the Applicant as only small qunantity of drungs was recovered.

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914. BA-1531-2021.doc

That eing so, case for ail is made ount.

8]

Applicant is directed to e released on ail in C. R. 268 of 2019

registered with Bhiwandi City Police Station, District Thane for the

offences punnisha le unnder Sections 328, 2782, 2783, 2786, 188 read with

Section 34 of the IPC, unnder Sections 18(c) 278( )(2), 278(d) of Drungs and

Cosmetics Act, 1940 read with Sections 3/25, 4/25, 78/25 of Arms Act,

and unnder Sections 7878, 788 of Junvenile Junstice Act read with Sections 8,

22 of NDPS Act, on execunting P.R. Bond in the sunm of Rs 1 lakh with one

or two local sunreties in the like amounnt. Applicant shall attend the

Investigating Ofcer of the concerned Police Station in the frst week of

every English Calendar Year etween 10.00 A.M. and 12.00 Noon and

shall also regunlarly attend the trial. Applicant shall neither try to

influnence the witnesses nor tamper with the evidence.

9]

Li erty to take ount proceedings for cancellation of ail of the

Applicant if Applicant is founnd to e not attending the trial and involved

in other similar offence.

( NITIN W. SAMBRE, J. )

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