Satish @ Mundi S/O Mondi Teljirwar vs The State Of Maharashtra, Thr. ...
2022 Latest Caselaw 2328 Bom

                                                           1                                22.BA.139-2022.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                  CRIMINAL APPLICATION (BA) NO. 139 OF 2022
                         ( Satish alias Mundi S/o Mondi Teljirwar
                                             Vs.
                                    State of Maharashtra )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. R.M. Daga, Advocate for the Applicant.
                                  Mr. Amit R. Chutke, A.P.P. for the Non-Applicant/State.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 8th MARCH, 2022.

The incident is dated 19.12.2020 when Ganja weighing 69 kg was seized from house of the applicant. The applicant has been arrested on the same day. The charge-sheet has been filed on 12.02.2021, however the same was not accompanied by the FSL report, which came to be filed on 25.11.2021. It is therefore submitted by Mr. Daga, learned counsel for the applicant, that the applicant would be entitled to default bail under Section 167(2) of the Code of Criminal Procedure. He places reliance upon Sagar Parshuram Joshi Vs. State of Maharashtra, Bail Application (ST) No. 4761/2020 decided on 15.01.2021 and Sunil Vasantrao Phulbande and another Vs. State of Maharashtra, 2002(3) Mh.L.J.,689, it is also contended, that the issue presently is seized by the Hon'ble Apex Court in Mohd. Arbaz & Ors. Vs State of NCT of Delhi in SLP No. 8164/2021 , 2 22.BA.139-2022.odt

which was listed on 22.02.2022 and has been posted after two weeks.

2. The application is opposed by learned APP, relying upon Aleksander Kurganov Vs. State and Another, 2021 SCC OnLine Bom 150 and Manas Krishan T K Vs. State and ors., a judgment of reference by the learned Division Bench, in which the question framed has been categorically answered in the negative.

3. It is not disputed by Mr. Daga, learned counsel for the applicant, that Manas Krishan T K (Supra), considers the question and answer it in the negative, in view of which, the same being of a learned Division Bench, I would be bound by it. He however, submits, that there are arguments available on merits and since Mohd. Arbaz & Ors. (Supra) is likely to be listed before the Hon'ble Apex Court on 09.03.2022, the matter be kept in the next week. In view of which, list the matter on 14.03.2022.

4. It is made clear, that in case Mohd. Arbaz & Ors. (Supra) is not heard and decided before that, the Court shall proceed to hear the matter on its own merits.

Signed By:SHRIKANT JUDGE DAMODHAR BHIMTE SD. Bhimte Signing Date:09.03.2022 10:17