Balasaheb Dashrath Prabhat Vs the State of Maharashtra

2] The applicant is seeking bail as he is arrested on 18.06.2020 in connection with Crime No.186/2020 registered with Naldurg Police Station, Taluka Tuljapur, District Osmanabad, for the offence punishable under Section 20-B, 20-C, 8C, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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3] The case against the applicant is that the police has recovered ganja from the applicant as noted below :

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1½ ,d ika<Ú;k jaxkps iksrs T;kr 20 fdyks 470 xzWe ghjoV jaxkpk ch o >kMikyk vlysyk mxz okl ;sr vlysyk vksylj nkcysyk ¼izsl dsysyk½ xkatk lkj[kk eky izfr fdyks

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vankts 20000 :i;s izek.ks fdaer 0409400@& ¼otu iksR;klg½

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2½ ,d fioGlj jaxkps iksr T;kr 24 fdyks 380 xzWe ghjoV jaxkpk ch o >kMikyk vlysyk mxz okl ;sr vlysyk vksylj nkcysyk ¼izsl dsysyk½ xkatk lkj[kk eky izfr fdyks vankts 20000 :i;s izek.ks fdaer 0487600@& ¼otu iksR;klg½

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3½ ,d ika<Ú;k jaxkps iksrs T;kr 16 fdyks 470 xzWe ghjoV jaxkpk ch o >kMikyk vlysyk mxz okl ;sr vlysyk vksylj nkcysyk ¼izsl dsysyk½ xkatk lkj[kk eky izfr fdyks vankts 20000 :i;s izek.ks fdaer 0323000@& ¼otu iksR;klg½

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4½ ,d fgjO;k o fuG;k jaxkps iksrs T;kr 16 fdyks 220 xzWe ghjoV jaxkpk ch o >kMikyk vlysyk mxz okl ;sr vlysyk vksylj nkcysyk ¼izsl dsysyk½ xkatk lkj[kk eky izfr fdyks vankts 20000 :i;s izek.ks fdaer 0324400@& ¼otu iksR;klg½

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5½ ,d ika<Ú;k jaxkps iksrs T;kr 20 fdyks 740 xzWe ghjoV jaxkpk ch o >kMikyk vlysyk mxz okl ;sr vlysyk vksylj nkcysyk ¼izsl dsysyk½ xkatk lkj[kk eky izfr fdyks vankts 20000 :i;s izek.ks fdaer 0414800@& ¼otu iksR;klg½

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As such, the FIR is lodged against the present applicant for the offence as mentioned above. The offence registered against the applicant is punishable minimum of 10 years, which may extend to 20 years.

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4] This Court, by order dated 11^th December, 2023 has passed the following order :

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Learned counsel appearing for the applicant, after arguing for some time, seeks leave to withdraw this application, however, pursues that in view of the observations of the Supreme Court of India in the matter of Mohd Musmum Alias Hussain Vs State (NCT of Delhi) reported in 2023 SCC online SC 352 indefinite incarceration of under trial accused is deprecated. He would point out that, in fact, trial in this case was concluded and the matter was posted for recording statement of the accused under section 313 of the Criminal Procedure. However, by an order dated 20.11.2023 passed by the trial court below exhibit-197, the application filed on behalf of the prosecution under section 311 of the Cr.P.C. has been allowed and prosecution is permitted to re-examine witnesses and examine fresh witnesses. Accordingly, Mr. More, learned counsel appearing for the applicant submit that the trial may be expedited and directed to be disposed off within specified period.

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Looking to the circumstances, permission is granted to withdraw the application. The application is disposed off as withdrawn. The Special Court shall make an endeavor to conclude the trial within a period of (9) Nine months. In case, the trial could not be concluded within the stipulated period, the applicant shall be at liberty to move afresh before the Special Court for grant of bail.

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5] Thereafter, this Court, by order dated 18^th December, 2024 has already extended time to conclude the trial until February, 2025. Considering the said order, this Court, by order dated 16.06.2025, called report from the concerned Court as regards status of the trial and the same was submitted by the trial Court on 23.06.2025. It is stated

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in the said report that the matter is bulky. The defence witness contains total 9 number of witnesses and out of which, only one witness is recorded till date.

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6] The learned counsel for the applicant submits that there are no criminal antecedents against the present applicants. The co-accused i.e. driver of the vehicle has been granted bail and that the present applicant was sitting in the vehicle. He further submits that the trial Court would take substantial time to conclude the trial. Considering the said fact, the bail should be granted in favour of the applicant.

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7] Per contra, the learned APP submits that two Bail Applications of the applicant have been rejected by this Court and there are directions issued by this Court to conclude the trial within a period of 9 months, so also, further extension was also granted by this Court.

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8] Considering the status report submitted by the trial Court, it appears that there are 9 defence witnesses and out of which only one defence witness is examined by the trial Court. The defence witnesses are cited by the coaccused, Police Officers, who were subsequently added as accused in the case. The applicant is not responsible for the delay on account of defence witnesses cited by the coaccused. The applicant is in custody since last 5 years and

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that there are no criminal antecedents against the present applicant. The trial is delayed and would not complete soon. In view of the same, the applicant is granted bail. The application is allowed in the following terms :

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a] The applicant shall be released on bail in connection with Crime No.186/2020 registered with Naldurg Police Station, Taluka Tuljapur, District Osmanabad, for the offence punishable under Section 20-B, 20-C, 8C, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

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b] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.

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c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.

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d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.

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e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.

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f] The applicant shall not involve in similar offences.

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g] In the event the applicant remains absent before the trial Court for two consecutive dates, the bail granted to the applicant shall be liable to be cancelled.

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9] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.

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10] The application stands disposed of.

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[ARUN R. PEDNEKER] JUDGE

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DDC

Balasaheb Dashrath Prabhat v. the State of Maharashtra

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Balasaheb Dashrath Prabhat v. the State of Maharashtra

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