Gujarat High Court
Arun Sahebrao Mahadik vs State Of Gujarat on 28 February, 2025
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/CR.MA/24443/2024 ORDER DATED: 28/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 24443 of 2024
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ARUN SAHEBRAO MAHADIK
Versus
STATE OF GUJARAT
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Appearance:
MR.HIREN M MODI(3732) for the Applicant
MS CM SHAH APP for the Respondent
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 28/02/2025
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of respondent State.
2. The applicant, by way of this successive bail application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R. No. 11214021211165 of 2021 registered with Kosamba Police Station, Surat Rural, Surat, for the offences punishable under Sections 8(c), 20(b)(ii), (c) and 29 of NDPS Act.
3. Facts and circumstances giving rise to file present application are that, on 26.09.2021, the police Page 1 of 6 Uploaded by P.S. JOSHI(HC00177) on Fri Feb 28 2025 Downloaded on : Mon Mar 03 22:22:00 IST 2025 NEUTRAL CITATION R/CR.MA/24443/2024 ORDER DATED: 28/02/2025 undefined official of the Kosamba Police Station received a specific information that, one Ashok Leyland Tempo No. MH-18-BG-3076 loaded with narcotic substance - ganja, was stationed in the compound of Hotel Royal Inn situated on Mumbai-Ahmedabad 48, National Highway. On receipt of said information, the superior officer was informed and raid was conducted in the presence of independent witnesses and during raid proceedings, the contraband ganja weighing 814 Kg found stuffed in 44 plastic bags in the said truck. The person who was in charge of the truck one Mr. Mohanlal Badrilal could not explain about the said ganja and accordingly after proper weighing it in the presence of forensic officer, the ganja was seized and recovered. On investigation, it was revealed that, Mohanlal Katara was directed to transport said ganja in the said vehicle by the co-accused and accordingly, by driving said vehicle he came to deliver said ganja in Surat. The investigation further reveal that, the applicant herein being owner of the said vehicle, was part of the said conspiracy to transport and sell the said ganja and had received substantial amount in his account for the said task. The applicant was arrested on 31.01.2022 and accordingly total 4 persons after completion of the investigation were chargesheeted and same has been culminated into Special NDPS Case No. 17 of Page 2 of 6 Uploaded by P.S. JOSHI(HC00177) on Fri Feb 28 2025 Downloaded on : Mon Mar 03 22:22:00 IST 2025 NEUTRAL CITATION R/CR.MA/24443/2024 ORDER DATED: 28/02/2025 undefined 2022 and so far accused Dilip Gauda is concerned, supplementary chargesheet came to be filed against him and both the cases are pending for its adjudication before the Surat court.
4. Mr. Hiren Modi, learned advocate for the applicant would urge that, there is a delay in trail proceedings and since the arrest, there is no progress in the trial proceedings, as the co-accused Dilip Gauda had jumped the bail and NBW against him is issued and therefore, the case could not proceeded further and there is no possibility of trial being concluded in near future. In such circumstances, he would urge that, considering the role attributable to present applicant herein and evidence in support of charge, and considering the delay in trial proceedings, the discretion may be exercised in favour of the applicant.
5. On the other hand, Ms. C.M. Shah, opposing the contention, has submitted that, there is a past antecedent of like nature against the applicant and considering the commercial quantity of the contraband and keeping in view the restriction imposed by Section 37 of the NDPS Act and in the interest of the society at large, no case for grant of bail is made.
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6. Having considered the contentions raised by rival parties and having gone through the material placed on record, it appears that, since 31.01.2022, there is no substantial progress in the trial proceedings as after framing the charge, the court below could not proceed with the trial proceedings, which resulted into delay in adjudication of the proceedings. The applicant is not at fault and has not contributed towards the delay. The supreme Court in its various judgments, has highlighted right under Article 21 of the Constitution of India, as against the restriction imposed under Section 37 of the NDPS Act. It is held that the prolong incarceration generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such situation, the conditional liberty must over ride the statutory embargo created under Section 37(1)(b) (ii) of the NDPS Act.
7. In light of the right under Article 21 of the Constitution and considering the peculiar facts of the applicant, as referred above, more particularly, when he was not found with the contraband, this Court deem it fit to enlarge him on bail by imposing stringent conditions.
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8. Hence, the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No. 11214021211165 of 2021 registered with Kosamba Police Station, Surat Rural, Surat, on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall:
No. Conditions
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injuries to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave Surat district without prior permission of the Sessions Judge concerned;
(e) furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court;
9. The authorities shall release the applicant if he is not required in connection with the any other offence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail Page 5 of 6 Uploaded by P.S. JOSHI(HC00177) on Fri Feb 28 2025 Downloaded on : Mon Mar 03 22:22:00 IST 2025 NEUTRAL CITATION R/CR.MA/24443/2024 ORDER DATED: 28/02/2025 undefined bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Rule is made absolute to the aforesaid extent. Direct service permitted.
(ILESH J. VORA,J) P.S. JOSHI Page 6 of 6 Uploaded by P.S. JOSHI(HC00177) on Fri Feb 28 2025 Downloaded on : Mon Mar 03 22:22:00 IST 2025