Single-judge reserved order in a bail application under Section 439 CrPC. Bail granted in a narcotics case where the applicant was an accomplice revealed by a co-accused, based on recovery from a house not in the applicant's name.
Release on bail in the sum of Rs.25,000/- with one or two sureties.
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.
BA-1594-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1594 OF 2020
SHANKAR MARUTI DEVMARE
)...APPLICANT
V/s.
THE STATE OF MAHARASHTRA
)...RESPONDENT
Mr.Lokesh Zade i/b. Mr.Raju Mate, Advocate for the Applicant.
Smt.P.P.Shinde, APP for the Respondent – State.
CORAM : V. G. BISHT, J.
RESERVED ON : 17th NOVEMBER 2021
PRONOUNCED ON : 24th NOVEMBER 2021
P.C.:
1The present application has been moved by the
applicant under Section 439 of the Code of Criminal Procedure in
Crime No.64 of 2020 registered with Police Station Rajarampuri,
Kolhapur, for offences punishable under Section 20(b) of the
Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
AVK 1/6
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2It is the case of prosecution that on 13th February
2020, Rajarampuri Police Station, Kolhapur, received an
information that a person will be coming behind SLK at or
around 5 p.m. to sell ganja. The raid was accordingly carried out
and the suspect was apprehended who revealed his name as
Manjunath Mandgodli (A-1). He was found in possession of 640
grams of ganja. Later on, he revealed that the ganja was brought
from Pandharpur and that he regularly used to purchase
contraband from Amit Shanka Devmare (A-2) and Shankar
Maruti Devmare (applicant- A-3). It further appears that on the
basis of said information, the applicant (A-3) was arrested and
during the course of investigation, the said applicant gave
disclosure statement under Section 27 of the Indian Evidence
Act, pursuant to which ganja weighing 21.680 kgs. was recovered
from the house of A-2 and A-3 (applicant). Later on, First
Information Report (FIR) came to be lodged.
3Mr.Lokesh Zade, learned counsel for the applicant,
submits that it is only on the basis of statement of accused AVK 2/6
BA-1594-2020.doc
Manjunath Mandgodli that the name of present applicant and his
father came to be revealed and later on, on the basis of disclosure
statement given by accused Amit (A-2), the alleged contraband
was recovered from the house. According to the learned counsel,
the said house is not in his name and moreover, he was not found
in possession of the contraband and in such circumstances, the
applicant has made out a case for bail.
4Smt.Shinde, learned APP, on the other hand, does not
dispute that the name of the applicant was revealed by Amit (A-
2) and that the alleged contraband came to be recovered at the
instance of accused Amit Devmare. According to the learned APP
appropriate order may be passed.
5 I have carefully gone through the FIR and the investigation papers. There is no dispute that the name of the present applicant was revealed by Manjunath (A-1). Then there is disclosure statement of accused Amit Devmare (A-2) at whose instance alleged contraband in question came to be seized from AVK 3/6
BA-1594-2020.doc
the house. Admittedly, nothing was seized or recovered at the
instance of the applicant. Apart from above material, there is
nothing on record to prove the complicity of the applicant in the
alleged offence. No other criminal antecedents are forthcoming.
6In view of above, I am inclined to allow the
application. Hence, I pass the following order :
ORDER
(i) The application is allowed.(ii)Applicant – Shankar Maruti Devmare shall be released on
bail in Crime No.64 of 2020 registered with Police Station
Rajarampuri, Kolhapur, on his executing P.R.Bond in the sum
of Rs.25,000/- with one or two sureties in like amount.
(iii)The applicant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him from
disclosing such facts either to the Court or to any Police
AVK 4/6
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Officer.
(iv)The applicant shall not tamper with prosecution evidence in any manner and shall co-operate the learned trial Judge in expeditious disposal of the trial against him.(v)The applicant shall not indulge in similar type of offences infuture.(vi)Bail before the trial Court.(vii)Parties to act on copy of this order duly authenticated by theSheristedar of this Court.(viii)It is made clear that the observations made herein areprima facie and the trial Court shall decide the case on its own merit, in accordance with law, uninfluenced by the observations made in this order.(ix)The application stands disposed off accordingly.AVK 5/6
BA-1594-2020.doc
(V. G. BISHT, J.)
ARTI VILAS KHATATE
Digitally signed by ARTI VILAS KHATATE Date: 2021.11.24 12:58:27 +0530
AVK 6/6
1 issue framed by the court
Whether bail should be granted to the applicant in offences under the NDPS Act.
3 provisions across 3 enactments
Shankar Maruti Devmare
The State of Maharashtra
V. G. Bisht
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court