H.C.SHIV 912.BA3583.24.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3583 OF 2024 Ashif Hussain Jedan Sahikh Basha @ Ashif Shaikh …Applicant V/s. The State of Maharashtra …Respondent Mr. Rounak Naik with Lochan Chandka for the applicant. Ms. Veera Shinde, APP for the Respondent-State. CORAM: SHYAM C. CHANDAK, J. DATED : 18th SEPTEMBER, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. Present Application seeks release of the applicant on bail in Special Case No.90 of 2024 arising out of C.R. No.I-628 of 2023, registered with Kashimira police station, Thane for the offence punishable under Sections 8(c) read with 22, 22(c), 27(a) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”). 3. The prosecution case is that, on 1st September 2023, at about 19:55 hours, at Godbunder Area, A1 was found in possession of 220 bottles, each containing 100 ml of Codeine Phosphate and Chlorpheriramine Maleate syrup. The said contraband bottles were seized under the panchnama. Accordingly, the present offence came to be registered. During the investigation with A1 has disclosed that, the said contraband bottles were supplied by A2 and he had obtained it from the wanted accused Changanla Ghansi @ Sanjay Modi. The investigation also revealed that A2 used to deposit the HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.09.19 14:07:20 +0300 H.C.SHIV 912.BA3583.24.DOC sale proceeds of the contraband bottles in the bank account of the present applicant. The applicant used to withdraw the said money and pay the same to absconding accused Changanla Ghansi and his wife, in cash or by bank transfer. The applicant used to retain certain amount. Thus, the applicant abetted in this crime to earn money. Therefore, the applicant and the co-accused were arrested. On completion of investigation, charge-sheet came to be filed. The trial Court declined to release the applicant on bail. 4. Ms. Shinde, learned APP, on the other hand, opposed the submissions and submitted that the applicant had aided in the crime by dealing with the sale proceeds of the contraband and he also earned money out of it. This solitary fact distinguishes the case of the applicant from the case against the co-accused persons. The CDR records indicate that the applicant and the wanted accused were in constant contact with each other to commit this crime. This is sufficient to deny the bail. 5. As submitted by Mr. Naik, learned Counsel, A1, A2 and A4 are released on bail. The role of A2, A4 and the applicant stand on equal footing. Therefore, the principle of parity is applicable to the applicant. He has no criminal antecedents. The applicant is not likely to tamper with the prosecution evidence and repeat the offence. He is not likely to abscond. 6. In view thereof, the applicant is entitled for bail. Hence, Order :- (i) The applicant – Ashif Hussain Jedan Sahikh Basha @ Ashif Shaikh be released on bail in aforesaid FIR registered with Kashimira police station, Thane on his executing P.R. H.C.SHIV 912.BA3583.24.DOC Bond in the sum of Rs.1,00,000/- with one or two sureties in the like amount. (ii) The applicant shall mark his attendance at Kashimira police station, Thane on 1st day of each calender month between 11:00 a.m. to 2:00 p.m. till conclusion of the trial. (iii) The applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court, for the reasons to be recorded in writing. (iv) The applicant shall not leave the jurisdiction of the trial Court till conclusion of the trial. (v) The applicant shall not tamper with the prosecution evidence and shall not directly or indirectly influence upon the prosecution witnesses to prevent them from deposing against him. (vi) On being released from jail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. (vii) The applicant shall not indulge in identical activities for which he has been arraigned in this case. (viii) It is clarified that any observation made in the present order are for the purpose of deciding the present Bail Application and should not influence the out come of the trial and also not be taken as an expression of opinion on the merits of the case. 8. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.)