Madhya Pradesh High Court
Manohar Singh vs The State Of Madhya Pradesh on 8 November, 2023
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 8 th OF NOVEMBER, 2023
MISC. CRIMINAL CASE No. 48431 of 2023
BETWEEN:-
MANOHAR SINGH S/O KANIRAM, AGED ABOUT 52
YEARS, GRAM MUNDLI, DISTT. MANDSAUR (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI VIKAS JAIN - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION S.T.F. BHOPAL
UNIT UJJAIN (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI A. S. PARIHAR - G.A./P.L.)
This application coming on for admission this day, the court passed the
following:
ORDER
They are heard. Perused the case-diary.
2. This is the applicant's 4th bail application filed under Section 439 of Criminal Procedure Code, 1973 as he is arrested in connection with Crime No.04/2021 registered at Police Station S.T.F., Bhopal Unit Ujjain (MP) for offence punishable under Sections 8/15, 8/18 and 29 of N.D.P.S. Act. Applicant is in jail since 10.02.2021.
3. His earlier bail application M.Cr.C. No.10339 of 2023 was allowed by this Court on 20.03.2023 temporarily for a period of 3 months on account of Signature Not Verified his medical condition as he is suffering from paralysis in his right hand.
Signed by: PANKAJ PANDEY Signing time: 08-11-2023 18:35:46 24. The allegation against the applicant is that from the house of the applicant 1 quintal 55 kg of poppy straw and 7 kg 950 grams of opium have been seized.
5. Counsel for the applicant has submitted that the applicant is lodged in jail since 10.02.2021 and as such he has completed 2 years and 9 months of custody as of now. As per status report, till date only two witnesses have been examined, out of 11 witnesses cited by the prosecution and the final conclusion of trial is likely to take sufficient long time and there are no criminal antecedent.
6. In support of his submission, counsel for the applicant has also relied upon a decision rendered by the Supreme Court in the case of Dheeraj Kumar Shukla Vs. The State of Uttar Pradesh reported as 2023 SAR (Crl.) 287, wherein the Supreme Court has allowed the bail application of the accused after completion of 2.5 years of custody on the ground that the trial is yet to commence and the conditions as enumerated under Section 37 of the N.D.P.S. Act, 1985 have been dispensed with.
7. Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that from the possession of applicant commercial quantity of contraband has been seized.
8. Having considered the rival submissions and on perusal of the case- diary and as per status report only two witnesses have been examined and 11 witnesses are still to be examined and the applicant is lodged in jail since 10.02.2021, this Court finds it expedient to allow the present application.
9. Accordingly, without commenting on the merits of the case, the present application for grant of bail is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/-
Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 08-11-2023 18:35:46 3(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
C.c. as per rules.
(SUBODH ABHYANKAR) JUDGE Pankaj Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 08-11-2023 18:35:46