Madhya Pradesh High Court
Munnu @ Munna Pandit vs The State Of Madhya Pradesh on 14 December, 2016
MCRC-21614-2016
(MUNNU @ MUNNA PANDIT Vs THE STATE OF MADHYA PRADESH)
14-12-2016
Shri P.K. Pandey, Advocate for the petitioner.
Shri D.K. Paroha, Panel Lawyer for the
respondent/State.
Heard on this first application for bail under Section 439 of the Cr.P.C. filed on behalf of petitioner Munnu @ Munna Pandit in Crime No.515/2016 registered by P.S. Ranjhi, District-Jabalpur under Section 8/20 of the N.D.P.S. Act.
As per the prosecution case, the petitioner was found to be in possession of 2150 gms of cannabis (ganja). Learned Panel Lawyer for the respondent/State submits that the quantity seized from the possession of the petitioner is more than small quantity but less than commercial quantity.
The petitioner was falsely implicated by his wife and his brother-in-law, who have also lodged a report against him under Sections 498-A, 323, 294 and 506 of the IPC. It has further been submitted that the petitioner had suffered brain haemorrhage and paralysis and is under going treatment from jail in the medical college. Learned Panel Lawyer for the respondent/State has opposed the bail application mainly on the ground that there are at least 8 cases registered against the petitioner including the present one. It is true that in all 8 cases have been registered against the petitioner, but there is no case under N.D.P.S. Act apart from the present one. Except the case under Section 498- A of the IPC which is registered in the year 2016, all other cases were registered between the years 1998 and 2008.
It is clear from the impugned order that petitioner had suffered brain haemorrhage and hemiplegia and is undergoing treatment in the medical college. In the aforesaid facts and circumstances of the case in spite of the criminal record, the petitioner is entitled to be released on bail.
Consequently, this first application under Section 439 of the Cr.P.C. filed on behalf of petitioner Munnu @ Munna Pandit is allowed.
It is directed that petitioner Munnu @ Munna Pandit shall be released on bail on his furnishing a personal bond in the sum of Rs.40,000/- with one solvent surety in the same amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C. Certified copy as per rules.
(C V SIRPURKAR) JUDGE m/-