Madhya Pradesh High Court
Girdharilal Pandey vs The State Of Madhya Pradesh on 2 July, 2021
Author: Atul Sreedharan
Bench: Atul Sreedharan
1 MCRC-41660-2020
The High Court Of Madhya Pradesh
MCRC-41660-2020
(GIRDHARILAL PANDEY AND OTHERS Vs THE STATE OF MADHYA PRADESH)
14
Jabalpur, Dated : 02-07-2021
Heard through Video Conferencing.
Mr. Prakash Upadhyay, learned counsel for the applicants.
Mr. Piyush Bhatnagar, learned Panel Lawyer for the respondent-State.
This application under section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to applicants Girdharilal Pandey and Bhagwandeen Mishra in connection with Crime No.404/2020 for the offences punishable under sections 8 read with section 20-B, 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and section 5 read with 13 of the Drugs (Control) Act, 1950 registered at Police Station Gurh, district Rewa.
The applicants herein are in judicial custody since 11.10.2020 in the aforementioned case. The allegation against is that from their possession 240 bottles of Onrex cough syrup were seized, which contains codeine.
Learned counsel for the applicants has also filed the order-sheets of the lower court, which reflects that as on 4.6.2021 and the date before it i.e. on 10.5.2021, the case was adjourned on account of non-availability of the learned trial Judge.
Learned counsel for the State, while opposing the application for grant of bail, has submitted that applicant no.1 Girdharilal has previous antecedents of a case registered under section 323 IPC. He, however, submits that there are no previous antecedents of either applicants under any provisions of the NDPS Act.
Looking at the facts and circumstances of the case, the period of incarceration already undergone by the applicants herein as under-trials and an early conclusion of the trial seems improbable in the present circumstances, Signature Not Verified SAN the application is allowed. It is directed that the applicants herein shall be Digitally signed by SHYAMLEE SINGH SOLANKI Date: 2021.07.03 13:09:02 IST 2 MCRC-41660-2020 enlarged on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the learned trial court.
The jail authorities shall have the applicants checked by the jail doctor to ensure that they are not suffering from the Novel Corona Virus (COVID-
19) disease and if they are, they shall be sent to the nearest hospital designated by the State for treatment. If not, they shall be transported to their places of residence by the jail authorities.
Certified copy as per rules.
(ATUL SREEDHARAN) JUDGE ps Signature Not Verified SAN Digitally signed by SHYAMLEE SINGH SOLANKI Date: 2021.07.03 13:09:02 IST