Criminal BA No.1831/2022
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in Cri. Appeal No.581/2017
MHCC020099522022
Presented on
Registered on
Decided on
Duration
: 26-07-2022
: 26-07-2022
: 25-08-2022
: 00 month, 30 days
IN THE SPECIAL COURT FOR NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GR. BOMBAY
CRIMINAL BAIL APPLICATION NO.1831 OF 2022
IN
CRIMINAL APPEAL NO.581 OF 2017
Santosh Bhikuram Pawar
Aged : 48 years, Occ: Service
R/at: Old B.D.D Chawl No.5, Room No.33,
S.S. Wagh Marg, Near Naigaon Hospoital,
Dadar, Naigoan Mumbai-400 014.

)
)
)
)
) .. Applicant/Accused
V/s.
1. Rajkumar L. Sonar
)
2. The State of Maharashtra,
( At the instance of Bhoiwada police
station Mumbai )
)
)
) .. Respondents
Appearance :
Ld. Adv. Mr. Pratik Shinde, for the applicant/appellant.
Ld. Adv. Mr. V.S. Mishra for respondent No.1.
Ld. APP Mr. P.J. Tarange, for the respondent No.2/prosecution.
CORAM : H.H. THE ADDL.SESSIONS JUDGE
SHRI V.G. RAGHUWANSHI (C.R.43)
DATE : 25/08/2022
Criminal BA No.1831/2022
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in Cri. Appeal No.581/2017
ORAL ORDER
Perused application. Applicant/appellant prays this Court
for releasing him on bail.
2.

Factual matrix lie in narrow campus:
Respondent No.1/complainant filed complaint bearing
No.176/SS/2016
against
this
applicant/appellant
before
Ld.

Metropolitan Magistrate 56th Court at Sewree, Mumbai. In that case
applicant/appellant was convicted. Feeling aggrieved by said order he
approached Sessions Court in appeal in Criminal Appeal No.581/2017.
Said appeal was admitted and on application of this applicant/appellant
sentence was suspended subject to condition that, applicant/appellant
shall deposit 40% compensation amount in Trial Court within 4 weeks
from the date of order i.e. from 17.02.2018. Thereafter, this
applicant/appellant failed to deposit compensation amount in Trial
Court. The respondent No.1/complainant appeared in the appeal and
filed an application to issue execution warrant. My Ld. Predecessor in
office vide order dated 10.03.2022 vacated order suspending sentence
of accused and directed Ld. Metropolitan Magistrate to issue conviction
warrant against applicant/appellant. It was executed on 25.07.2022,
applicant/appellant was arrested and sent to jail thereafter, this
application was filed on 26.07.2022. Applicant/appellant prays for
releasing him on bail.
3.

I
have
heard
Ld.

Counsel
for
applicant/appellant.

Respondent No.1/complainant did not file his say.

Ld. Counsel for
applicant/appellant submitted that, applicant/appellant is ready to pay
amount to respondent No.1/complainant, but he is not accepting that
Criminal BA No.1831/2022
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in Cri. Appeal No.581/2017
amount and he is saying that, let the Court decide this matter. That
means respondent No.1/complainant is not ready to compromise the
matter. In such circumstances, when applicant/appellant had abused
discretion exercised in his favour, I do not think it will be proper to
again exercise discretion in his favour and therefore, no case is made
out for grant of bail. Hence, I pass following order.

ORDER
1. Criminal Bail Application No.1831/2022 in Criminal Appeal
No.581/2017 is rejected.
2. Application stands disposed off accordingly.
(Pronounced in open Court)
Digitally signed
by VIJAY
GOVINDSINGH
VIJAY
GOVINDSINGH RAGHUWANSHI
RAGHUWANSHI Date:
2022.08.29
12:08:58 +0530
Date : 25/08/2022.

Dictated on
Typed on
Signed on
: 25/08/2022
: 26/08/2022
: 26/08/2022
(V.G. Raghuwanshi)
N.D.P.S Special Judge
City Civil & Sessions Court,
Gr. Bombay (CR.43)
Criminal BA No.1831/2022
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in Cri. Appeal No.581/2017
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
29.08.2022
TIME
NAME OF STENOGRAPHER
12.08 p.m.

Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge
H.H.J. SHRI. V.G. RAGHUWANSHI
(C.R.No.43) NDPS Spl. Judge
Date of Pronouncement of
Judgment/Order.

25/08/2022
Judgment/order signed by P.O on
26/08/2022
Judgment/order uploaded on
29/08/2022