BA 463.24
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MHCC020031242024
IN THE COURT OF THE SPECIAL JUDGE FOR N.D.P.S. CASES
AT GREATER MUMBAI
CRI. BAIL APPLICATION NO. 463/2024
IN
C. R. NO. 98 OF 2024
1. Afroz Shaikh Mohd. Hasan
Age : 36 yrs.
R/o : R. No.204,
Maratha colony,
Indra Nagar Chowki,
Santacruz (East),
Mumbai.
2. Sunita Munnalal Sonkar
Age : 23 yrs.
R/o : Near Saibaba Mandir,
Rafik Nagar, Shivaji Nagar,
Govandi, Mumbai.

… Applicants/accused
V/s.
The State of Maharashtra
(Pant Nagar Police Station )
… Respondent
Appearance :Mr. Samadhan Salve, Adv. for applicants.
Mr. Shankar Erande, APP for respondent/State.

CORAM : THE SPECIAL JUDGE
B. Y. PHAD (C.R.44)
DATE :
04.03.2024
ORDER
The applicants Afroz Shaikh Mohd. Hasan and Sunita
Munnalal Sonkar, have filed the instant application under Section 439
BA 463.24
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of the Code of Criminal Procedure, 1973 for grant of regular bail in
connection with Crime No. 98/2024 registered under Sections 8(c) r/w
22 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985
with the Pant Nagar Police Station, Mumbai.
2.

In brief, the applicants claims that they have not committed
any crime and that they have been falsely implicated in this case.
Nothing is recovered from the applicants.

The quantity allegedly
recoved from the applicants is non-commercial quantity. The applicants
are only earning members of the family. They have permanent place of
abode in Mumbai. They are ready to furnish surety as directed by this
court and abide by the conditions of the bail bonds. Therefore, the bail
application may be allowed.
3.

This application has been opposed by the Investigating
Officer by filing a reply at Exh.2. It is contended that on 16.02.2024,
one man and one woman were spotted in suspicious movements.
Enquiry was made with them and it reveal that the man was possessing
4 gms. MD which was supplied to him by one Javed. The applicants
have no permanent place of abode and occupation. Therefore, the bail
application may be rejected.
4.

The learned counsel for the applicants submitted that the
applicants have not committed any crime. They have been falsely
implicated in the case. The applicants have clean antecedents. The
applicants have permanent place of residence. They would not flee from
justice. They are ready to abide by the conditions of the bail bonds and
furnish surety as directed by this Court. Therefore, the applicants may
be released on bail.

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5.

3
On the other hand, the learned APP Mr. Shankar Erande
submitted that the applicants have committed a serious crime. If they
are released on bail, they may commit a similar offence while on bail.
Since the investigation is yet to be carried out, the application may be
rejected.
6.

Considering the submissions from both sides, I have
perused the say.

It clears to be noted that the quantity allegedly
recovered at the instance of accused no.1 is 4 gms. MD, which is far
below the commercial quantity. Ld. APP submitted that nothing has
been recovered from accused no.2. Recovery of 2 gms. MD is copy
paste mistake. Thus, it appears that nothing is recovered from accused
no.2.

Since entire recovery of the contraband does not exceed
commercial quantity, in my opinion, the applicants are well rooted in
the Society and having clean antecedent, I think it proper to release the
applicants on bail by imposing stringent conditions. Hence, I proceed to
pass the following order.
ORDER
1. Cri. Bail Application No. 463/2024 is hereby allowed.
2. The applicants/accused Afroz Shaikh Mohd. Hasan and Sunita
Munnalal Sonkar, arrested in Crime No. 98/2024, shall be released on
bail upon executing a personal bonds of Rs. Sixty Thousand each, along
with a solvent surety bond of the same amount, to ensure their
appearance at all required times during the legal proceedings, subject to
the following conditions:
a.

The applicants/accused are directed to report to the Pant Nagar
Police Station every Sunday between 10.00 a.m. to 11.00 a.m., till
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filling of the final report without fail.
b.

The
applicants/accused
jurisdiction
of
Mumbai
are
without
prohibited
explicit
from
permission
leaving
the
from
the
investigating officer or the Court.
c.

The applicants/accused are strictly prohibited from making any
form of contact with co-accused, witnesses, or any individuals directly
associated with the case. The applicants/accused shall not tamper with
any evidence or documents related to the case.
d.

The applicants/accused must maintain a stable residence at their
current address in Santacruz/Govandi, Mumbai, and are required to
inform the court and the investigating officer of any change in their
residential address. The accused shall furnish their active mobile
numbers to the Investigating Officer and shall also immediately report
any change in their mobile numbers.
e. The applicants/accused must not interfere with the ongoing
investigation and shall comply fully with law enforcement in their
investigation.
f. The applicants/accused shall surrender their passport, if any, before
the Investigating Officer within a week and, if they do not possess any
passport, they shall file an affidavit to that effect before the
Investigating Officer.
g. The applicants/accused are prohibited from engaging in activities
that might be related to the offense registered.
h. The applicants/accused must comply with all reasonable directions
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made by law enforcement agencies or investigating officers related to
the case.
i. As per para No.12(1) of the Criminal Manual, the applicants/accused
before release on bail shall furnish the list of three blood relatives with
their detail residential addresses and also the addresses of their place of
work, if any, and shall also produce documentary proofs showing the
correctness of details produced by them.
2.

Failure to adhere to any of these conditions will result in the
immediate revocation of bail and may lead to further legal
consequences.
Date : 04.03.2024
Dictated on
Transcribed on
Checked on
Signed on
( B. Y. PHAD )
Special Judge (N.D.P.S.),
City Civil & Sessions Court,
Gr. Bombay (C.R. NO.44)
: 04.03.2024
: 07.03.2024
: 07.03.2024
: 07.03.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
07.03.2024
TIME
NAME OF STENOGRAPHER
05.15 p.m.

Mrs. S. W. Tuscano
Name of the Judge
HHJ Shri B. Y. Phad
(CR No.44)
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
04.03.2024
Judgment/order uploaded on
07.03.2024
07.03.2024