Allowed

Farida Liyakat Shaikh v. the State of Maharashtra

Bombay HC21 Oct 2021BA/1278/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail application. The court noted that mandatory procedural requirements of Sections 42 and 50 of the NDPS Act were missing. Arrested person ordered released on P.R. bond and sureties with periodic attendance conditions.

What did the court decide?

Released on bail by furnishing P.R. bond of Rs. 50,000/- with one or more sureties in like amount. Directed to attend police station on Mondays and attend trial regularly.

Farida Liyakat Shaikh Vs the State of Maharashtra — Narcotics (NDPS) | Bombay HC (2021)

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Dusane

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1/325 BA 1278.21.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BHALCHANDRA GOPAL DUSANE

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BAIL APPLICATION NO. 1278 OF 2021

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Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2021.10.22 10:19:08 +0530

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....
Mrs. Farida Liyakat ShaikhApplicant

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Vs.

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The State of Maharashtra ....
Respondent

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Mr. Moin Khan for Applicant.
Mr. A.R. Kapadnis, APP for State.
API, Dinkar K. Pagare, Nehru Nagar Police Station.

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Coram : NITIN W. SAMBRE, J. Date : 21ST OCTOBER, 2021

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P.C.:

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1. Heard.

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2.The applicant is seeking regular bail in Crime No. 100 of

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2020, registered with Nehru Nagar Police Station, for the offence
punishable under Sections 353, 332, 506, 504 read with 34 of Indian

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Penal Code read with Section 65(E) of Maharashtra Prohibition Act,

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1949 read with Section 8(C), 20(C) of N.D.P.S. Act. The applicant came

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to be arrested on 21st March, 2020 and the charge-sheet is filed.

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Dusane

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2/325 BA 1278.21.doc

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3.The prosecution case is, the contraband substance is

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recovered from the custody of the applicant.

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4.Admittedly, it can be noticed at the face value of the
charge-sheet that mandatory requirements of Sections 42 and 50 of
NDPS Act cannot be inferred.

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5.The report of Additional P.P. to that effect dated 12th

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October, 2021, which is placed on record alongwith covering letter of
learned Sessions Judge, Mr. V.V. Patil dated 13th October, 2021.

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6.As such, the application is allowed on following conditions :

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O R D E R

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(i)The applicant be released on bail in Crime No. 100 of 2020,
registered with Nehru Nagar Police Station, for the offence punishable

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under Sections 353, 332, 506, 504 read with 34 of Indian Penal Code
read with Section 65(E) of Maharashtra Prohibition Act, 1949 read with

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Section 8(C), 20(C) of N.D.P.S. Act, on furnishing P.R. bond in the sum

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of Rs.50,000/- with one or more sureties in the like amount.

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Dusane3/325 BA 1278.21.doc

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(ii)Till the trial is concluded, the applicant shall attend the

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concerned Police Station on every Monday between 10.00 am. to 12.00

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noon.

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(iii)The applicant shall attend the trial regularly.

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( NITIN W. SAMBRE, J. )

Farida Liyakat Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Farida Liyakat Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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