SOHEL AHMAD EKLAK AHMADversusSTATE OF MAHARASHTRA

                                                                          24. BA-3665-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION


                             BAIL APPLICATION NO. 3665 OF 2026

           Sohel Ahmad Ekhlak Ahmad                                 .. Applicant
                      Versus
           State of Maharashtra                                     .. Respondent
                                       ....................
            Mr. Nikhil G. Hire i/by Ankit Patil & Co., Advocates for Applicant
            Ms. Anuja S. Gotad, APP for State
                                          ...................
                                         CORAM : MILIND N. JADHAV, J.
                                         DATE          : SEPTEMBER 29, 2026
           P. C.:

           1.       Heard Mr. Hire, learned Advocate for Applicant and Ms. Gotad,

           learned APP for State.


           2.       This is an Application under Section 483 of Bharatiya Nagarik

           Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 120

           of 2024 registered with Pawarwadi Police Station, Malegaon, Dist.

           Nashik for the offences punishable under Sections 8(c) and 22(c) of

           the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short

           ‘NDPS Act’).


           3.       Applicant is indicted in NDPS offence for having been found in

           possession of the alleged contraband MD in his possession. He was

           arrested on 10.06.2024 and is in custody for the past 2 years and 3

           months pending trial. Trial has not commenced and the ignominy of

           the trial not being concluded in the near foreseeable future enables the

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Applicant to maintain the present Bail Application on the basis of his

right to a speedy trial.


4.    Case of the prosecution even otherwise on merits has been

argued, and it is prima facie seen that there is non-compliance of the

provisions of Section 42 of the NDPS Act in the present case whereby

the seizure panchanama itself states that the alleged contraband

recovered from the Applicant from his person is assumed to be MD on

the basis of sense of smell without the same having been detected by

virtue of the detection kit which is the normal standard procedure.


5.    In view of the above and considering the long incarceration of

the Applicant, I am inclined to allow the present Bail Application.

Hence, Applicant is released on bail on the following terms and

conditions:-


          (i)   Applicant is directed to be immediately released on bail

                from prison in connection with C.R. No. 120 of 2024;

          (ii) Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five

                only) with one or two sureties in the like amount;

          (iii) Applicant shall report to the Investigating Officer at

                Pawarwadi Police Station, once every month on the first

                Sunday of the month between 10:00 a.m. to 12:00



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                                         p.m.;

                              (iv) Applicant shall co-operate with the conduct of trial and

                                         attend the Trial Court on all dates, unless specifically

                                         exempted    and    will     not   take   any   unnecessary

                                         adjournments, if he does so it will entitle the

                                         prosecution to apply for revocation of this order;

                              (v) Applicant shall not leave the State of Maharashtra

                                         without prior permission of the Trial Court;

                              (vi) Applicant shall not influence any of the witnesses or

                                         tamper with the evidence in any manner;

                              (vii) Applicant shall keep the Investigating Officer informed

                                         of his current address and mobile contact number and /

                                         or change of residence or mobile details, if any, from

                                         time to time, as applicable; and

                              (viii)Any infraction of the conditions shall entail cancellation

                                         of bail granted to the Applicant.

           6.     Needless to state that the above observations will not come in

           the way of trial as they are prima facie in nature based on the

           submissions made and the material placed before this Court.


           7.     Bail Application is allowed and disposed of in the above terms.



Amberkar                                                           [ MILIND N. JADHAV, J. ]
                      Digitally signed
                      by RAVINDRA
           RAVINDRA   MOHAN
           MOHAN      AMBERKAR
           AMBERKAR   Date:
                      2026.09.29
                      20:05:27 +0530
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