The High Court at Aurangabad dismissed a bail application filed by Santosh Nana Chaughule, who was arrested for possessing ganja under the NDPS Act. The Court found a statutory bar under Section 37 and rejected the bail plea.
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.
1 363-14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 363 OF 2014
| Santosh Nana Chaughule | ... | Applicant |
|---|---|---|
| Versus | ||
| The State of Maharashtra | ... | Respondent |
Mr. Arvind R. Kawade for the applicant Mr. S. B. Pulkundwar, APP for the respondent-State
CORAM : T.V. NALAWADE, J. DATE : 27th February, 2014
PER COURT :
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Aurangabad is produced and it shows that application was made when case was sent to the Sessions Court by the learned JMFC for continuation of bail. The Court then found that the Magistrate had committed error in granting bail. However, as the State had not applied for cancellation of bail, the bail was continued. It appears that subsequently the applicant did not turn up for facing trial and NBW was issued. By executing NBW the applicant is now kept behind bars.
applicant. The application is rejected.
( T.V. NALAWADE, J. )
JPC
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2 issues framed by the court
Whether bail can be granted where Section 37 of the NDPS Act imposes a statutory bar.
Whether the applicant's conduct of skipping court appearances justifies refusal of bail.
1 provisions across 1 enactments
Santosh Nana Chaughule
The State of Maharashtra
Nalawade, T.V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
