1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4831 OF 2011 Sunil Jagannath Dhakne & another Applicants V E R S U S The State of Maharashtra Respondent Shri. Joydeep Chatterjee, Advocate for the applicants Shri. K.S.Patil, APP for the respondent / State WITH CRIMINAL APPLICATION NO. 4853 OF 2011 Suresh Bhagwan Dhakne Applicant V E R S U S The State of Maharashtra Respondent Smt. S.S.Jadhav, Adv. h/f for Shri. Satej S.Jadhav, Advocate for the applicant Shri. K.S.Patil, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 23rd November, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. All these three applicants are arrested in Cr.No. III-54/11 of Pathardi Police Station, under section 18, 29, 20, 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the said Act.) 2 3. It is the case of the prosecution that all these three applicants were found in the agricultural land, more particularly set out in the F.I.R. Dated 22.10.2011. In the said land, sugarcane crop was being produced as the principal crop and between the land available in the sugarcane crop, ganja trees were found to be planted and 1 kg. Ganja was found kept in a gunny bag. The police have uprooted the said trees and that is why the police claim that the value of Ganja is Rs.1,76,000/-. 4. I have perused the investigation papers. So far as applicant Suresh in Criminal Application No.4853 of 2011, it is apparent that he has no connection with the land where ganja is said to have been cultivated and he happens to be land holder of gut no.92 whereas the ganja was found in gut no.135 of village Akole. It is pertinent to note that the F.I.R. Does not mention gut no. where ganja trees were found to be planted. If Suresh is not the land holder where the trees were found, his mere presence by itself would not go to show that he was connected with the cultivation of ganja. There is no specific material to link this Suresh with 1 kg. Ganja which is found. Hence he can be released on bail. 5. So far as applicant Sunil in Criminal Application No.4831 of 2011, learned Advocate Mr. Chatterjee applies for withdrawal of his application with liberty to file fresh application after the chargesheet is filed before the Special Judge. 6. So far as Bhujang, applicant no.2 in Criminal Application No.4831 of 2011, he is not at all concerned with the land where the ganja trees are being grown or no link is established that 1 kg. Ganja by the appellant at the said agricultural land. It is the case of the police that said Bhujang is a trader and he has come to purchase ganja. However, there is no other material. Hence Bhujang also can be granted bail. Keeping in view the aforesaid observations, following order is passed to dispose of these applications. 3 ORDER 1. Application filed by Sunil Dhakne bearing Criminal Application No.4831 of 2011 is allowed to be withdrawn. He is at liberty to file fresh bail application before the learned Special Judge, to whom the case is assigned, after the chargesheet is filed. 2. So far as applicant no.2 Bhujang Jadhav in Criminal Application No.4831 of 2011, he is ordered to be released on bail in the sum of Rs.15,000/- (Rupees fifteen thousand only) with one surety in the like amount in connection with Cri.No. III-54/11 registered with Pathardi Police Station. He shall execute P.R. Bond of Rs.15,000/-. He shall attend the concerned police station on every 2nd Saturday between 11.00 a.m. to 4.00 p.m. till filing of the chargesheet. 3. Applicant Suresh Dhakne in Criminal Application No. 4853 of 2011 is hereby ordered to be released on bail in connection with Cri.No.III-54/2011 of Pathardi Police station. He be released on bail in the sum of Rs. 15,000/- (Rupees fifteen thousand only) with one surety in the like amount. He shall execute P.R.Bond of Rs.15,000/-. He shall report to the concerned police station on every 2nd Saturday between 11.00 a.m. to 4.00 p.m. till filing of the chargesheet. 4. The applications are disposed of accordingly. ( R.Y. GANOO, J. ) vsm/criappln4831.11