Dixit 1 BA-1753-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1753 OF 2011 Gopal Hariram Khatri ... Applicant V/s. State of Maharashtra, Thru’ P.I. Crime Branch, Unit­I, Pune ... Respondent Mr. Shirish Gupte, Sr. Counsel, with Ms. Rucheeta Dhru, i/b. Mr. Prathamesh Gokhale and Mr. Nilesh Kadam, for the Applicant. Mrs. P.P. Shinde, A.P.P., for the Respondent­State. CORAM : J.H. BHATIA, J. DATE : 25 TH NOVEMBER, 2011. P.C. : 1. The Applicant seeks to release on bail in Crime No.3215 of 2011 registered with the Hinjawadi Police Station, Pune for the offence punishable under Section 3 read with Section 25 of the Indian Arms Act and Sections 4 and 5 of the Explosive Substances Act as well as Section 17 read with Section 21 of the N.D.P.S. Act. 2. The Applicant was arrested on 18th September, 2011 and the offence was registered on the report lodged by PSI Dattaram Bagwe of Crime Branch, Unit­I, Dixit 2 BA-1753-11 Pune. As per the F.I.R., the Police had received information that one white colour Maruti Swift Car bearing No.MH­14­CH­12 loaded with weapons and explosives would be going to Ambiance Hotel on Kalewadi Road, Pune. Accordingly Police Party went to that hotel and found that the said car was parked on the road in front of the said hotel. The Police Party waited for some time. After some time, the Applicant/Accused came there, he opened the car and, as soon as he started it, he was caught and from that car 4 Pistols, 8 Cartridges, 10 Detonators, 8 Neogel Sticks, one plastic bag containing white granules of chemical powder weighing about 750 gms. and one more plastic bag having some brown coloured chemical were found. All these articles were seized under Panchnama and the Applicant/Accused was taken into custody. 3. According to the prosecution, the granules found in the bag were Cocaine. Therefore, though initially the offence was registered under the Indian Arms Act and the Explosive Substances Act, the provisions of Section 21 of the N.D.P.S. Act were also invoked. 4. According to the Applicant/Accused, he is an important witness in a case of conspiracy to commit murder of Deputy Mayor of Pimpri­Chinchwad and in that case one Deepak Mewani is an accused. The said Deepak Mewani had pressurized the present Applicant to retract his statement before the Police and to turn hostile, Dixit 3 BA-1753-11 to which the Applicant/Accused had declined and he had also sought police protection. According to him, because he could not be pressurized by said Deepak Mewani, later on he had given threats to him to show the consequences and, as a result of that threat, he has been falsely implicated in this case and the weapons, explosives and Narcotics drug were planted in his car in his absence. Therefore, he claims to be innocent and prays for bail. 5. The learned Senior Counsel for the Applicant/Accused pointed out from the application dated 17th October, 2011, submitted by the Police before the Sessions Court, Pune seeking remand of two accused persons namely Rangnath Waman Salve and Rajkiran Vasant Dabhade. As per that application, Rangnath Waman Salve, Rajkiran Vasant Dabhade and Devidas alias Deva Eknath Salve had admitted that they had planted the said material in the car of the present Applicant at the behest of Deepak Mewani and Deepak Mewani was shown as absconding person. The learned Senior Counsel also pointed out that Deepak Mewani also filed an application for anticipatory bail in this case and today only his application for anticipatory bail has been rejected by this Court, after hearing the prosecution. The learned A.P.P., on instructions from the Investigating Officer, who is present before the Court, concedes to the facts pointed out by the learned Senior Counsel for the Applicant. In view of this, I find no reason to refuse bail to the present Applicant. Dixit 4 BA-1753-11 6. The Applicant be released on executing P.R. Bonds in the sum of Rs.25,000/­ with one or more sureties to make up the bail amount with condition that he shall not tamper with the prosecution evidence. 7. The learned A.P.P. states that, for the purpose of investigation of the case, the Police require the presence of the Applicant and learned Counsel for the Applicant/Accused has no objection to the same. Therefore, after the Applicant/Accused is released on bail, he shall report to the Crime Branch, Unit­I, Pune and then shall make himself available to the Police for interrogation, as and when may be required. [J.H. BHATIA, J.]