1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1768 of 2010 Baban Bapurao Thawari ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Warora, Dist. Chandrapur. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.V.Sirpurkar, Advocate for the applicant. Mr. M.J.Khan, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 19 th Novem ber , 2010 . Heard. This is an application filed by the applicant for grant of bail in connection with Crime No. 3051/2010 for the offences punishable under Sections 20 & 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered with Police Station, Warora, Dist. Chandrapur. A report came to be lodged at Police Station, Warora, Dist. Chandrapur alleging therein that the applicant was found possessing the article ‘Ganja’ of about 11 Kg and 44 grams and aforesaid crime report came to be registered against him. Mr. Sirpurkar, learned Advocate for the applicant submitted that the investigation is complete and no purpose would be served by keeping the applicant behind the bars for indefinite period and it will amount to pre-trial conviction of the applicant. He further submitted that apart from the merits of the case, the applicant is suffering from Leprosy and he is the only bread winner of the family. Learned Advocate has placed reliance on the judgment of this Court in the case of Govindprasad Amritlal Burman .vs. State of Maharashtra, 2 reported in 2004 All M.R. (Cri) 635 and submitted that in the similar set of circumstances, this Court had allowed the application and released that applicant on bail. He, therefore, prayed for grant of bail to the applicant. Mr. Khan, learned APP for the State has filed the reply and strongly opposed the application. He submitted that the mandatory compliance of the provisions of the N.D.P.S. Act has been done by the authorities and the investigation is still in progress. He further submitted that if the applicant is released on bail, he may not be available for the investigation agency. He, therefore, prayed for rejection of the application. Considering the rival submissions of both the learned Advocates and in view of the record and material placed before this Court, it can be seen that the investigation is nearly completed. Though, learned APP submitted that the applicant is involved in another similar nature of the offences, no details are submitted in the reply. On the contrary, a statement is made by the learned Advocate for the applicant that previously the applicant was the accused in Crime No. 3020/2007 and he has been acquitted by the Court and there is no other case pending against him. In Govindprasad’s case (supra), on which reliance has been placed by the applicant, the applicant therein was found in possession of 15 KG ‘Ganja’ and by considering the provisions, more particularly Section 37 of the N.D.P.S. Act, the application was allowed by this Court. In the view of the material placed on record and in view of the judgment of this Court in Govindprasad’s case, I am of the opinion that prima facie case is made out for grant of bail. The apprehension expressed by learned APP can be taken care of by putting the applicant on conditions. 3 In the result, the application is allowed. The applicant Baban Bapurao Thawari be released on bail on furnishing P.R. bond of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety in the like amount, on the following conditions. a] The applicant to cooperate with the investigating agency and attend the police station, Warora, Dist. Chandrapur every Sunday between 9.00 a.m. to 12.00 noon, till filing of the charge sheet and thereafter as and when called by the police. b] The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. c] The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. d] In case the applicant is moving out of the area of police station, Warora, he shall inform the police station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE Diwale