Sunita Shravan Waidande vs The State Of Maharashtra
2022 Latest Caselaw 3761 Bom

                                                                     914-ba-1582-2020=.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION

                             CRIMINAL BAIL APPLICATION NO. 1582 OF 2020

                      Sunita Shravan Waidande                   ..Applicant
                           V/s.
SNEHA                 The State of Maharashtra                  ..Respondent
NITIN
CHAVAN                                              ----
Digitally signed by
SNEHA NITIN
CHAVAN
                      Mr. Piyush Toshnival i/b Harshad Patil for the Applicant.
Date: 2022.04.06
19:12:45 +0530
                      Mr. Yogesh Dabke, APP for the Respondent/State.
                                                    ----
                                             CORAM : C.V. BHADANG, J.

                                              DATE      : 6 APRIL 2022

                      P.C.


                      1.      By this application, the Applicant is seeking bail. The
                      Applicant along with co-accused has been chargesheeted for the
                      offence punishable under Section 8(c), 21(c), 27(a) and 29 of the
                      Narcotic Drugs and Psychotropic Substances Act, 1985 (for short
                      'NDPS Act') in Crime No.         317 of 2018 of Police Station
                      Swargate, District Pune.


                      2.      The prosecution case is that on a personal search of co-
                      accused Vishal Arjun Jadhav, 253.870 gms. of brown sugar
                      (heroin) was recovered on 31.08.2018 at about 14:30 hrs at
                      Pandit Javaharlal Nehru road, Gultekadi at Pune. During the
                      course of the interrogation of the co-accused Vishal Jadhav, it was

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revealed that the contraband was procured on the say of the
present Applicant and Sneha alias Laxmi Mukesh Chavan, Rahul
alias Khandya Dattu Aarne and Saifan alias Sharif Ismail Shaikh.
Accordingly on the basis of the FIR dated 31.08.2018, the
aforesaid offence came to be registered. It appears that the police
were on look out for the Applicant and other co-accused and the
Applicant and the co-accused Sneha alias Laxmi Chavan came to
be arrested from Gultekdi, Pune on 13.02.2019 i.e. after a period
of six months from the arrest and recovery of the contraband
from the co-accused Vikas Jadhav. It is further prosecution case
that during the course of the investigation, the Applicant made a
disclosure statement under Section 27 of the Evidence Act, on
the basis of which, there was recovery of 22.550 gms of brown
sugar (heroin) from the house of the Applicant on 16.02.2019.


3.      In this case upon investigation, a chargeheet is filed.


4.      I have heard learned counsel for the parties. Perused record.


5.      It can prima facie be seen that the recovery of the
commercial quantity of the contraband was allegedly made from
accused Vishal Jadhav on 31.08.2018. It was on account of the
disclosure made by the said accused that the Applicant came to be
arrested on 13.02.2019. Three days thereafter, there is a recovery
of 22.550 gms of brown sugar (heroin) at the instance of the
Applicant under Section 27 of the Evidence Act. The small
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quantity for heroine is 5 gms, while commercial quantity is 250
gms. Thus, the quantity recovered from Applicant is intermediate
quantity. The offence under Section 21(b) of the NDPS Act,
invites maximum sentence of 10 years with fine. The Applicant is
in custody since more than 3 years and 2 months now. The
investigation is complete and chargesheet is filed.


6.      Learned APP had pointed out that there are criminal
antecedents against the Applicant as Crime Nos. 1394 of 2004,
3030 of 2008, 3175 of 2013 and 53 of 2017 are shown to be
registered against the Applicant for similar offences, under NDPS
Act. Learned counsel for the Applicant has tendered the copy of
the judgment by which Applicant has been acquitted in
prosecution arising out of Crime No. 1394 of 2004 and 3175 of
2012.


7.      Considering the overall circumstances, the following order
is passed.
                                   ORDER

i) The Applicant Sunita Shravan Waidande be released on bail in Crime No. 317 of 2018 of Police Station Swargate, District Pune on executing a PR Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.

ii) The Applicant shall report to the concerned Police Station once in every month on the first Monday.

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       iii)        The Applicant shall undertake to remain present

before the Special Court during the course of the trial unless exempted.

iv) The Applicant shall not indulge into any similar offences while on bail.

v) The Applicant shall not tamper with the prosecution evidence/witnesses.

vi) In the event of breach of any of the conditions, the bail is liable to be cancelled.

vii) Bail bonds to be furnished before the learned Special Court.

viii) It is made clear that the observations herein are essentially of a prima facie nature and the learned Special Court shall not be influenced by the same at the trial.

ix) Criminal bail application is disposed of in the aforesaid terms.

                                          (C.V. BHADANG, J.)




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