Allowed

Ashok Marotrao Kadam v. the State of Maharashtra

Bombay HC12 Jun 2023BA/854/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Ashok Marotrao Kadam arrested for selling gutka under Sections 328, 272, 273, and 188 IPC. Bail was granted as the Supreme Court was hearing the substantive issue and considering the period of detention and lack of recovery.

What did the court decide?

Bail granted on executing P.B. and S.B. of Rs.50,000/- with one solvent surety, not tampering with witnesses, attending police stations as notified, and not committing similar crimes.

Ashok Marotrao Kadam Vs the State of Maharashtra — Narcotics (NDPS) | Bombay HC (2023)

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27-ba-854-2023.odt

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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BAIL APPLICATION NO.854 OF 2023

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ASHOK MAROTRAO KADAM
VERSUS

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THE STATE OF MAHARASHTRA

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Advocate for Applicant : Mr. Pratap Vikhe h/f Mr. S.J. Salunke
APP for Respondent/State : Mr. Y.G. Gujarati

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CORAM : S.G. MEHARE, J.

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 DATED : JUNE 12, 2023

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PER COURT:-

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1.Heard learned counsel for the applicant and learned APP

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for the State.

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2.The applicant is seeking bail in Crime No.134 of 2023
registered with Manwat Police Station, District Parbhani for the
offence punishable under Section 328, 272, 273, 188 r/w 34 of Indian
Penal Code.

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3.It is a case of selling gutka, scented tobacco and pan
masala. Whether Section 328 of Indian Penal Code would apply to
this case or not, is pending with the Hon’ble Supreme Court. The
Hon’ble Supreme Court has granted bail to the accused. That apart,
the recovery has been done forthwith. Nothing is to be recovered from
the applicant. Considering the period of languishing of the applicant
in jail for about one and a half month, the facts and circumstances,

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27-ba-854-2023.odt

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(2)

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and the issue as discussed above is seized with the Hon’ble Supreme

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Court, the applicant deserve bail. Hence, the following order :

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ORDER

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(i) Bail Application is allowed.

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(ii)The applicant, Ashok Marotrao Kadam, be released on bail on
executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with
one solvent surety in the like amount in connection with the above
crime, on the conditions that he shall not tamper with the prosecution
witnesses.

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(iii)The applicant shall attend the concerned police station as and
when called on written notice by the investigating officer, till filing the

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charge sheet.

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(iv)The applicant shall not involve in similar crime.

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Mujaheed//

Ashok Marotrao Kadam v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ashok Marotrao Kadam v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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