The Bombay High Court rejected bail applications from an appellant convicted under the N.D.P.S. Act for narcotic trafficking, finding no fit case to grant bail. The hearing of his pending appeal was expedited.
Application for bail is rejected; hearing of appeal expedited.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
9.cr appa 114510.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1145 OF 2010 IN
CRIMINAL APPEAL NO. 1164 OF 2009
Vinod Shamrao Ithape
.. Applicant
Vs
The State of Maharashtra
.. Respondent
Ms. Nasreen S.K. Ayubi for the Applicant
Ms. A.A. Mane, APP for the State
CORAM : SMT. V.K. TAHILRAMANI, J
DATE : 8th OCTOBER, 2010.
P.C.:
1The applicant-original accused no. 4 has preferred this
application through jail, hence, Ms. Nasreen Ayubi is
appointed from the Legal Aid Panel to represent the
applicant. She is appointed to represent the applicant as
she is well aware of the facts of the case as she has
represented the co-accused i.e Anil Dattatraya Jagtap and
Manda Dattatraya Jagtap in some matters before this Court.
2Heard the learned advocate for the applicant and the
learned APP for the State.
3The applicant-original accused no. 4 has been convicted
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9.cr appa 114510.doc
under Section 20(b) and (c) of the N.D.P.S. Act and sentenced
to RI for ten years and fine of Rs.1 lakh. The appeal
preferred by the applicant is pending before this Court. The
applicant is now seeking bail.
4The prosecution case briefly stated is that on
19.10.2006 PW 3 Police Inspector Jadhav received information
that Ganja is being transported in a black colour Ambassador
Car bearing No.MH-11/H-192 which was proceeding from
Hyderabad towards Solapur city. Accordingly, a raid came to
be arranged. The raiding party saw the Ambassador car. On
seeing the car, they gave a signal to stop the car. Despite
giving signal, the Car did not stop. Hence, the police
chased the car and eventually the car and the people therein
came to be accosted. The raiding party found 9 gunny bags
containing Ganja weighing 137.550 kgs in the car. The
applicant was driving the said car. It is further the case of
the prosecution that he is the owner of the car. The evidence
of the prosecution witnesses clearly brings out the
complicity of the applicant in the crime. Hence, looking to
the evidence on record, I do not think it is a fit case to
grant bail.
5Application is rejected. However, the hearing of the
appeal is expedited. As soon as the paper books are
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9.cr appa 114510.doc
received, the appeal be placed for final hearing.
6 Office to communicate this order to the applicant who is in Yerawada Central Prison, Pune. [SMT. V.K. TAHILRAMANI, J.]
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2 issues framed by the court
Whether bail can be granted to an appellant convicted under the N.D.P.S. Act while his appeal is pending.
Whether the criminal application for bail should be allowed.
1 provisions across 1 enactments
Vinod Shamrao Ithape
State of Maharashtra
V.K. Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court