IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 1143 OF 2008 CRIMINAL APPLICATION NO. 1143 OF 2008 CRIMINAL APPLICATION NO. 1143 OF 2008 Saleem Ismail Sayyed. ... Applicant. V/s. The State of Maharashtra. ... Respondent. S.H.Joshi for the applicant. Ms.M.H.Mhatre, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 2nd May 2008. DATED: 2nd May 2008. DATED: 2nd May 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicants and learned A.P.P. for the State. 2. This application is under section 438 of Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in C.R.No.II-177/07 registered with Mahatma Phule Chowk Police Station, Kalyan for the offences punishable under sections 8(c), 21, 22, 29 of N.D.P.S. Act on the basis of complaint lodged by one Mr.Parshuram M. Ganjale. 3. The prosecution case is that the complainant was on patrolling duty at night hours along with other policemen of the police station. When they reached near Birla College Road, one of them received a secret information that one Mrs.Shabana Abdul Shaikh, a resident of Indira Nagar Zopadpatti, Kalyan was in possession of Ganja and was selling the same. Thereafter raid was taken place and Ganja of 10.5 kg. was seized from her house. During inquiry it was revealed that said Shabana along with her son-in-law the present applicant had brought the Ganja. This is how the name of the applicant came to be implicated. 4. The learned counsel for the applicant submits that the co-accused Shabana has been released on bail by the Special Judge, Thane on 24th December, 2007. He, therefore, seeks bail on the basis of parity. 5. In the above view of the matter, I am inclined to grant pre-arrest bail to the applicant, subject to the following conditions: (a) In the event of arrest of the applicant in connection with C.R.No.II-177/07 registered with Mahatma Phule Chowk Police Station, he shall be released on bail of Rs.25,000/- with one or two sureties to make up the said amount. (b) The applicant shall report to the - 3 - concerned Police Station as when called and shall co-operate with the investigating agency. (c) The applicant shall not directly or indirectly, make any inducement or threat or pressurise any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (d) This order of anticipatory bail shall operate till the filing of the charge-sheet. After filing of charge-sheet, it would be open for the applicant to apply for regular bail before regular court. (e) It is needless to mention that breach of any of the conditions by the applicant shall result in cancellation of bail. 6. Application stands disposed of accordingly. JUDGE JUDGE JUDGE