Allowed

Sahana Jakir Hussain Shaikh v. State of Maharashtra

Bombay HC10 Jun 2024ABA/1415/2024

Case brief

AI extract

What is this about?

The High Court allowed the applicant's anticipatory bail application in an NDPS matter. The court found no prima facie material implicating the applicant, who was not present during the seizure, and imposed conditions including reporting to the police station and furnishing a bond.

What did the court decide?

Pre-arrest bail allowed on terms of furnishing PR Bond of Rs. 25,000 with one or two sureties, reporting to police for specified days, and cooperation with investigation.

Sahana Jakir Hussain Shaikh vs State of Maharashtra — Narcotics (NDPS) | Bombay HC (2024)

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Mamta Kale

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2-aba-1415-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO. 1415 OF 2024

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Sahana Jakir Hussain Shaikh Indira Nagar Vikas, Room No.104, Qureshi Nagar, Kurla (East), Mumbai. ..Applicant Vs. The State of Maharashtra (Through Nehru Nagar Police Station) ..Respondent

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Mr Kamlesh Satre a/w Mr Nilesh Bangar a/w Mr Vikas Chawan, for the Applicant.

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Mr CD Mali, APP for the Respondent – State.

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PSI Santosh Sagale, Nehru Nagar Police Station present.

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CORAM : R. N. LADDHA, J. DATE : 20 JUNE 2024

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P.C.

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MAMTAAMARKALE Digitallysigned byMAMTAAMARKALEDate:2024.06.2018:14:29+0530

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. This is an application for pre-arrest bail filed by the applicant apprehending his arrest in NDPS C.R. No.200/2024 registered at Nehru Nagar Police Station, Mumbai for the offences punishable under Section 8(c) and 22(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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Heard Mr Kamlesh Satre, learned counsel for the applicant

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Mamta Kale

2-aba-1415-2024.doc

and Mr CD Mali, learned APP for the respondent - State. I have perused the records and considered the submissions advanced by the learned counsel for the parties.

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The FIR prima facie reveals that on 16 April 2024 while the first informant was on patrolling duty, he apprehended the co-accused Arif Shaikh with 10 gm Mephedrone (MD) i.e. intermediate quantity. The record reveals that the applicant was not present at the time of incident. There is no prima facie material to show involvement of the applicant in the aforesaid crime except statement of the co-accused.

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The learned counsel for the applicant states that the applicant has no criminal antecedents and he is permanent resident of Kurla, Mumbai. The applicant is ready to cooperate with the investigation. The co-accused who was found in possession of the contraband substance was already released on bail.

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Given the above, this Court is inclined to allow the present application on the following terms:

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(i) In the event of the arrest of the applicant, in CR No.200 of 2024, registered at Nehru Nagar Police Station, she be released on bail upon furnishing a PR Bond of Rs.25,000/- with one or two sureties in the

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Mamta Kale

2-aba-1415-2024.doc

like amount.

(ii) The applicant shall report to the concerned police station for a period of three days i.e. 21st, 22nd and 24th June 2024 between 11.00 a.m. to 1.00 p.m. and thereafter as and when required by the Investigating Agency.

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(iii) The applicant shall not, herself or through any other person, indulge in any activity that would tamper with the evidence or influence the witnesses in any manner.

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(iv) The applicant shall keep the Investigating Officer inform of her current address and contact number and /or change of residence or mobile details, if any, from time to time.

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The present application stands disposed of accordingly.

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R. N. LADDHA, J.

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Sahana Jakir Hussain Shaikh v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sahana Jakir Hussain Shaikh v. 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

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