Single judge order granting bail to an applicant pending criminal appeal proceedings from the High Court, subject to strict attendance conditions and furnishing of contact details.
Applicant enlarged on bail subject to monthly appearance at NC Bureau and furnishing of address.
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.
APPA 1252-2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1252 OF 2012 IN CRIMINAL APPEAL NO. 457 OF 1996
Eknath Marutirao Kalmetkar ...Applicant vs. Narcotic Control Bureau & Anr. ...Respondents
Mr.Rajendra Bidkar for the Applicant. Ms.Rebeeca Gaonsalves for Respondent No.1. Mr.H.J. Dedhia, , APP for the State.
CORAM : A.S. OKA & SHRIHARI P. DAVARE, JJ.
AUGUST 10, 2012
P.C. :-
Heard the learned Counsel appearing for the applicant and the learned Counsel appearing for the first respondent (Narcotic Control Bureau).
2 The applicant is the first respondent in Criminal Appeal No.457 of 1996. The said appeal is preferred by the first respondent for challenging the judgment and order dated 26th March, 1996 under which the applicant was acquitted of the offences punishable under Section 8(c) read with 22, 23, 28 and 29 of the NDPS Act as well as certain offences under the Customs Act. The appeal was admitted by this Court on 30th
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APPA 1252-2012
July, 1996 and action under Section 390 of Cr.P.C. was ordered to be taken. It appears that after action under Section 390, the applicant was enlarged on bail. By order dated 25th July, 2011, non-bailable warrant was again issued against the applicant as he remained absent when the appeal was placed before this Court.
3 The non-bailable warrant was executed. The applicant applied for bail before the learned Special Judge under the NDPS Act. By order dated 24th July, 2012, bail was denied on the ground that this Court was seized of the matter and the application will have to be moved before this Court.
4 The learned Counsel for the applicant submitted that applicant will remain present at the time of hearing of the appeal. He pointed out that the bail was granted after action under Section 390 was taken against him. The applicant has shown his readiness to abide by the terms and conditions imposed by this Court.
5 The learned Counsel for the first respondent submits to the order of the Court. However, she submits that the appropriate conditions of attendance be imposed.
6 Hence, application is disposed of by passing the following order :-
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APPA 1252-2012
I) Till the final disposal of the appeal, the applicant shall be enlarged on the same bail on which he was enlarged after action under Section 390 of the said Code subject to furnishing fresh bail bonds.
II) Bail is granted subject to further condition that the applicant will mark his presence on first Monday of every calender month in the office of the Narcotic Control Bureau at Mumbai at 11.00 a.m. till the disposal of the appeal.
III) We also direct the applicant to furnish his residential address and contact telephone numbers in writing to the concerned officer of the Narcotic Control Bureau. We also direct that in the event of change in address and contact numbers, the applicant shall keep the concerned officer informed about the same in writing.
IV) In the event, any breach is committed by the applicant, it will be open for the first respondent to apply for cancellation of bail.
7 Application is disposed of.
(SHRIHARI P. DAVARE, J.)
(A.S. OKA, J.)
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2 issues framed by the court
Whether the applicant can be enlarged on bail from the special judge pending the disposal of the criminal appeal before the High Court.
Whether bail conditions should be imposed requiring the applicant to appear monthly at the Narcotic Control Bureau.
1 provisions across 1 enactments
Eknath Marutirao Kalmetkar
Narcotic Control Bureau
A.S. OKA
SHRIHARI P. DAVARE
As recorded by the court registry
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