Indian Kanoon - Search engine for Indian Law

Madhya Pradesh High Court

Mohd. Sharik vs State Of M.P. on 27 July, 2020

Author: Shailendra Shukla

Bench: Shailendra Shukla

                                  1
  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
          MISC. CRIMINAL CASE NO.19205 OF 2020
           (Mohd. Sharik vs State of Madhya Pradesh)

Indore, Dated 27.07.2020
     Mr. Avinash Sirpurkar, learned senior counsel along
with Ms. Seema Sharma, counsel for the applicant is present
in person through Video Conferencing.
     Mr. Sudhanshu Vyas, learned counsel for the non-
applicant/State    is   present       in   person   through   Video
Conferencing.
     Arguments heard through Video Conferencing.
                               ORDER

This is first bail application filed by the applicant - Mohd. Sharik under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.294/2019 registered at Police Station-Malharganj, District-Indore (MP) for the offence punishable under Section 8/22 of Narcotic Drugs and Psychotropic Substances Act, 1985.

This bail application has been filed temporarily on the ground of illness of applicant's wife.

Verification report regarding the same had been called for and the same has been made available in which it has been mentioned that there has been tumor in the abdomen of Shabana Bee who is the wife of present applicant. This apart, she also suffers from Chronic Infarct in brain.

The applicant has been implicated under the provisions of Section 8/22 of NDPS Act, 1985 who has been found to be in possession of 275 bottles of Codeine syrup.

Learned counsel for the non-applicant/State was also 2 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISC. CRIMINAL CASE NO.19205 OF 2020 (Mohd. Sharik vs State of Madhya Pradesh) heard.

After due consideration and in view of the fact that Doctors have advised surgery on the wife of present applicant, it would be appropriate to enlarge the applicant on temporary bail for a period of sixty days from the date of his release. Accordingly, the bail application is allowed. The applicant-Mohd. Sharik is directed to be released on temporary bail for a period of sixty days subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one local solvent surety of like amount to the satisfaction of Trial Court/Committal Court. The applicant shall surrender before the learned trial Court on the expiry of sixty days. He shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.

Miscellaneous Criminal Case No.19205 of 2020 stands allowed and is disposed of in above terms. Let a copy of this order be sent to the Court concerned for compliance. Certified copy as per Rules.

(SHAILENDRA SHUKLA) JUDGE Arun/-