1 BA-1861-11.sxw IN THE HIGH COURT OF JUDICATURTE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1861 OF 2011 mhi Chand Abdul Nadaf ... Applicant/accused vs. The State of Maharashtra ... Respondent Smt. Teja Katdare, Advocate, for the applicant. Shri Y.S.Shinde, APP, for the respondent-State. CORAM: J.H.BHATIA, J. DATE : 19th December,2011. P.C. 1. The applicant seeks to be released on bail in Crime No.13/2011 registered at Roha Police Station, District Raigad under Section 5 of the Explosive Substance Act,1908. 2. According to prosecution case, on an information, the police party raided the house of the applicant and during search found 665 electronic detonators and 290 geletin sticks with one mobile handset. It is contended that the applicant was not having any licence or permit for possession of such explosive material. The applicant is in custody for last two months. According to 2 BA-1861-11.sxw him, he is in the business of digging wells and the material allegedly found in this case is required for the purpose of digging wells. He also claims to have such a contract for digging wells with Bharat Nirman Gramin Pani Purvatha & Bandhkam Vibhag which gets funds from the Zilla Parishad. According to him, he is in this business for last about 25 years and he was in possession of contractor, compressor and other material needed for the purpose of digging wells. It is a fact that he does not claim that he holds a licence for possession of such explosives. 3. The offence punishable under Section 5 of the Explosive Substance Act and the maximum sentence is imprisonment for ten years and fine. The case does not pertain to special category of explosive substance which is a serious offence. 4. Taking into consideration the facts and circumstances, the applicant be released on his executing P.R. of Rs.25,000/- with a surety in the like amount with condition that he shall not tamper with the prosecution evidence and shall attend Roha Police Station on every Monday till filing of the charge sheet. (J.H.BHATIA,J.)