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2025 DAILYLAW 32604 (BOM)

SHAIKH AZHAR SHAIKH HAFIZ v. THE COMMISSIONER OF POLICE AND ANOTHER

ABA/2027/2024 · 2025-03-05

Shri Arun R Pedneker

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2027.24ABA IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 975 ANTICIPATORY BAIL APPLN. NO.2027 OF 2024 SHAIKH AZHAR SHAIKH HAFIZ VERSUS THE COMMISSIONER OF POLICE AND ANOTHER ... Advocate for Applicant : Mr.B.P.Pande APP for Respondent-State : Ms.Neha B. Kamble … CORAM : ARUN R. PEDNEKER, J. DATE : 05.03.2025 P.C. : 1] Heard learned counsel for the applicant and the learned APP for the respondent-State. 2] The applicant is apprehending arrest in connection with Crime No. 0131/2024, registered with Vedant Nagar Police Station, District Aurangabad, for the offence punishable under Sections 8 (c), 21 (b), 22 (B), 29 of the NDPS Act and Section 37 (1) and 135 of the Maharashtra Police Act. 3] Earlier the applicant has filed Anticipatory Bail Application No.1496 of 2024 and this Court, by order dated 15.10.2024, has rejected the said application by a reasoned order. 2025:BHC-AUG:6501 2 2027.24ABA 4] The learned counsel for the applicant submits that the aforesaid application was filed by the applicant before filing of the charge-sheet and now the charge sheet is filed in the matter, as such, fresh anticipatory bail application is filed by the applicant before the Sessions Court and the same is rejected. Thereafter, the present Anticipatory Bail Application is filed by the applicant before this Court. 5] The learned APP submits that the applicant is shown as absconding accused and investigation is not complete qua the present applicant and they have taken steps to declare him as absconding. 6] Considering this aspect and considering the gravity of the offence pertains to NDPS Act and plastic bag is recovered. In the said plastic bag, there was one box of sweets and another box of soan papdi. When the said packets was opened, it was found that there were four packets of Nitrosun 10. In one packet, there were two strips, each of 22 pills were also found. In the sweet box, one packet was found with white colour powder. The said powder was weighed at the spot and it was found to be 5.07 gms. The said contraband is recovered. In view of the same, custodial interrogation of the applicant is necessary. This is not a case to grant anticipatory bail in favour of the applicant. Hence, the present application is dismissed. 3 2027.24ABA 7] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall not be influenced by the observations of this Court while deciding regular bail or at trial. [ARUN R. PEDNEKER] JUDGE DDC