Madhya Pradesh High Court
Kaishar Khan vs The State Of Madhya Pradesh on 2 November, 2017
THE HIGH COURT OF MADHYA PRADESH
MCRC-16742-2017
sh
(KAISHAR KHAN Vs THE STATE OF MADHYA PRADESH)
e
1
ad
Jabalpur, Dated : 02-11-2017
Pr
Shri Sanjay Patel, learned counsel for the applicant.
Shri Narendra Chourasia, learned Government Advocate for
a
respondent-State.
hy Heard.
ad This is second bail application filed on behalf of the applicant M under Section 439 of the Cr.P.C. First application of the applicant was dismissed with an observation that it will not be appropriate to release of the applicant atleast at the stage of investigation.
rt The applicant is in custody since 23/06/2017 in connection with ou Crime No.162/2017 registered at Police Station Shahpur District Dindori (M.P.) for the offence punishable under Section 8,20 & 29 of C NDPS Act.
h As per prosecution, on the information of informer on ig 21/06/2017 at 17:45 hours, barricading was made by the police H officials and during search two persons got down from the TUV vehicle having not reflecting its registration number and they tried to flew away. Out of these two persons, one person namely Dinkar Prasad Sharma was taken into custody, who told himself to be the owner of said vehicle. On checking the Engine No.SMF6L23027 and Chasis No.MAINA25MXGF6L39830 were found. Said Dinkar Prasad Sharma has also told that person had fled away from the spot was Hirendra Tiwari @ Hiru, and he was also with him. It is further alleged that 188.220 kg contraband article (ganja) carrying in plastic bags has been seized from said vehicle which, at that time, was in possession of co-accused Dharam Das. In his memorandum statement, co-accused Dharam Das had stated that with them applicant Kaishar sh Khan and other co-accused Dharam Das were also with them. They were travelling in front of them in vehicle (Innova Car) bearing e ad registration No.MP-17-CB/5301 and they all took the said Ganja from Pendra Road (Chhattisgarh) who were carrying that Ganja to Rewa to Pr sell it. During investigation, applicant and co-accused Dharam Das a were arrested and said vehicle bearing registration no.MP-17-CB/5301 hy and other articles were seized from the possession of co-accused ad Dharam Das and other articles as per seizure memo were also seized from the possession of applicant Kaishar Khan.
M Learned counsel for the applicant submits that applicant is of innocent and he has been falsely implicated in this case. It is further submitted that except memorandum statement of co-accused Dinkar rt Prasad no evidence has been pleaded by the prosecution to show that ou applicant was traveling in the car. He was tranvelling in front of that C seized Innova Car. Statement of co-accused is not admissible in h evidence. At present charge sheet has been filed. He is permanent ig resident of District Rewa and there is no chance of his absconding. H Applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per-contra, learned Government Advocate opposes the bail application.
After hearing arguments of the parties and looking to the facts and circumstances of the case, I am of the considered view that it would be appropriate to release the applicant on bail, therefore without commenting on the merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable.
Consequently, it is hereby allowed. It is directed that applicant- Kaishar Khan be released on bail on his furnishing bail bond in the sh sum of Rs.40,000/-(Rupees Forty Thousand) with one surety of the same amount to the satisfaction of the JMFC concerned or trial Court e ad for his appearance before them on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. Pr a Certified copy as per rules.
hy ad (H.P. SINGH) JUDGE M of rt S /-
ou C Digitally signed by h SUSHMA KUSHWAHA ig Date: 2017.11.09 H 11:33:24 +05'30'