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2026 DAILYLAW 5622 (BOM)

RAM BABU LINGHAM v. STATE OF MAHARASHTRA

BA/553/2026 · 2026-08-31

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Judgment text

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P.H. JAYANI 41 BA533.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 553 OF 2026 Ram Babu Lingham …. Applicant V/s. The State of Maharashtra … Respondent Mr. Kamlesh M. Satre a/w. Mr. Nilesh S. Bangar for the Applicant. Mr. Vinod Chate, APP for the Respondent – State. Mr. S.S. Chavan, HC, ANC, Azad Maidan Police Station, present. CORAM: SHYAM C. CHANDAK, J. DATED : 31st AUGUST, 2026 P.C. :- 1. Heard learned Counsel for the parties. Perused the record. 2. The applicant seeks his release on bail in NDPS Special Case No.898/2023 pending on the file of the learned Special Judge, City Civil & Sessions Court, Gr. Bombay. Said case arose out of Crime No.189/2022 registered with Anti Narcotic Cell, Azad Maidan Unit, Mumbai under Sections 22 (c) and 29 of the Narcotic Drugs and Psychotropic Substances Act 1985, on the Report dated 11.12.2022 filed by Mr. Bhalerao, PSI. 3. The prosecution case is that at the relevant time and place, the applicant, Accused No.2 – Amol K. Vidhate and co-accused Mohd. Aquib Abrar Husain Mansuri were found in possession of total illicit 3840 bottles of Codeine Phosphate based cough syrup. The investigation with A2 led to recovery of 1130 such bottles. A2 used to supply the said contraband to A4 and A5. Therefore, the aforesaid crime came to be registered and the applicant and his co-accused were arrested. On completion of investigation, police P.H. JAYANI 41 BA533.2026.DOC submitted the charge-sheet. The trial Court declined to release the applicant on bail. 4. Mr. Satre, learned Counsel for the applicant submits that the applicant has no criminal antecedents. He is seeking bail only on the principle of parity. 5. Mr. Chate, the learned APP submitted that huge quantity of the contraband was seized from the possession of the applicant and his co-accused. Hence, bail be refused. 6. The material on record indicate that the entire contraband substance was procured by A2 to sell the same to earn money. The Hon’ble Supreme Court vide Order dated 7th August, 2026 in SLP (Criminal) No.11806 of 2026, granted bail to A2 – Amol Vidhate mainly on the ground of prolonged incarceration. The applicant is behind bars for three years and seven months. The applicant has no criminal antecedents. Therefore, the applicant is entitled for bail on the principle of parity. 7. Hence, the following Order :- (i) The applicant– Ram Babu Lingham be released on bail in NDPS Special Case No.898/2023 pending on the file of learned Special (NDPS) Judge, City Civil & Sessions Court, Gr. Bombay arising out of Cr.No.189/2022 registered with Anti Narcotic Cell, Azad Maidan Unit, Mumbai, on his executing P.R. Bond in the sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The applicant shall mark his attendance at Anti Narcotic Cell, Azad Maidan Unit, Mumbai on 1st day of a P.H. JAYANI 41 BA533.2026.DOC month between 11:00 a.m. to 2:00 p.m., every three months, till conclusion of the trial. (iii) The applicant shall regularly attend the proceedings before the jurisdictional Court unless exempted by the said Court. (iv) The applicant shall not indulge in identical activities for which he has been arraigned in this case. (v) The applicant shall not tamper with the prosecution evidence and shall not 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) It is clarified that the observation made in the present Order and grant of the bail will not be treated as findings on the merit of the case. 8. Bail Application stands disposed of in aforesaid terms. (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2026.09.02 17:29:30 +0530