9.cr appa 1145-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1145 OF 2010 IN CRIMINAL APPEAL NO. 1164 OF 2009 Vinod Shamrao Ithape .. Applicant Vs The State of Maharashtra .. Respondent Ms. Nasreen S.K. Ayubi for the Applicant Ms. A.A. Mane, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 8th OCTOBER, 2010. P.C.: 1 The applicant-original accused no. 4 has preferred this application through jail, hence, Ms. Nasreen Ayubi is appointed from the Legal Aid Panel to represent the applicant. She is appointed to represent the applicant as she is well aware of the facts of the case as she has represented the co-accused i.e Anil Dattatraya Jagtap and Manda Dattatraya Jagtap in some matters before this Court. 2 Heard the learned advocate for the applicant and the learned APP for the State. 3 The applicant-original accused no. 4 has been convicted 1 9.cr appa 1145-10.doc under Section 20(b) and (c) of the N.D.P.S. Act and sentenced to RI for ten years and fine of Rs.1 lakh. The appeal preferred by the applicant is pending before this Court. The applicant is now seeking bail. 4 The prosecution case briefly stated is that on 19.10.2006 PW 3 Police Inspector Jadhav received information that Ganja is being transported in a black colour Ambassador Car bearing No.MH-11/H-192 which was proceeding from Hyderabad towards Solapur city. Accordingly, a raid came to be arranged. The raiding party saw the Ambassador car. On seeing the car, they gave a signal to stop the car. Despite giving signal, the Car did not stop. Hence, the police chased the car and eventually the car and the people therein came to be accosted. The raiding party found 9 gunny bags containing Ganja weighing 137.550 kgs in the car. The applicant was driving the said car. It is further the case of the prosecution that he is the owner of the car. The evidence of the prosecution witnesses clearly brings out the complicity of the applicant in the crime. Hence, looking to the evidence on record, I do not think it is a fit case to grant bail. 5 Application is rejected. However, the hearing of the appeal is expedited. As soon as the paper books are 2 9.cr appa 1145-10.doc received, the appeal be placed for final hearing. 6 Office to communicate this order to the applicant who is in Yerawada Central Prison, Pune. [SMT. V.K. TAHILRAMANI, J.] 3