Madhya Pradesh High Court
Shekhar Singh vs M.P. Shasan on 18 January, 2023
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 18 th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 870 of 2023
BETWEEN:-
SHEKHAR SINGH S/O MAHENDRA SINGH, AGED ABOUT
23 YEARS, KURMIHATOLA THANA/TEHSIL RAMPUR
BAGHELAN, ZILA- SATNA, (MADHYA PRADESH)
.....APPLICANT
(BY SHRI ALOK JAIN-ADVOCATE)
AND
M.P. SHASAN DWARA ARKSHI KENDRA AMARPATAN
ZILA- SATNA, (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI AMIT PANDEY-PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This first bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant for grant of bail, pending the trial.
The applicant is in custody since 20.08.2022 in connection with Crime No.337/2022, registered at P.S. Amarpatan, District- Satna (M.P.) for commission of offence under Sections 8/20, 21, 22 of the NDPS Act and section 5/13 of the M.P. Drug Control Act.
A s per prosecution story on 11.06.2022 on the basis of secret information received from the informer one grey color car bearing registration No.MP-66-C-5634 and one while color pick up vehicle bearing registration Signature Not Verified Signed by: BIJU BABY Signing time: 1/19/2023 11:06:03 AM 2 No.MP-04-GB-6240 were intercepted. Car was parked at some distance and two persons traveling in it fled away. Driver of the car was taken into custody. When pick up vehicle was intercepted, two persons were found in it. Out of two persons one introduced himself as Amit @ Sanjay Singh Patel and another introduced himself as Rishi Patel. The driver of the car disclosed the name of the persons who had fled away from the car as Shekhar Singh Patel and Satish Singh Patel. Driver of the pick up vehicle introduced himself as Durg Singh Parihar, resident of Nishadpur, Bhopal. In search, 19 cartons were seized from the dicky of the car bearing registration No.MP-66-C-5634. When cartons were opened, in every carton Choco narcotic cough syrup was found kept. In total 3040 bottles (100 ml each) were seized. After taking out the sample, recovered contraband was seized. Seizure memo was prepared. After investigation, charge sheet has been filed.
Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. He has been made accused only on the basis of memorandum of the co-accused which is neither admissible, nor legal evidence. After investigation, charge sheet has been filed. Trial of the case will take considerable time. It is further submitted that the case of present applicant is identical to that of co-accused who has been released on bail by this Court vide order 19.12.2022 passed in M.Cr.C. No.52963/2022. Therefore, it has been prayed that applicant/accused be released on bail.
On the other hand, learned counsel for the State has opposed grant of bail to the applicant and has submitted that a large quantity of narcotic drug has been seized from the possession of the driver of the car and driver of the pick up vehicle. Therefore, applicant/accused be not released on bail.
Signature Not Verified Signed by: BIJU BABY Signing time: 1/19/2023 11:06:03 AM 3O n a perusal of the documents annexed along with the case diary, it appears that Amit @ Sanjay Singh is registered owner of the car. No contraband was seized from the possession of the present applicant. He has no criminal background. He has been implicated as accused only on the basis of memorandum of the co-accused. Trial of the case will take considerable time. Therefore, taking into consideration the overall facts and circumstances of the case including the evidence collected against the applicant in this case, I am of the view that it is a case in which applicant/accused may be released on bail. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant stands allowed.
It is directed that applicant - Shekhar Singh be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One lakh only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1.The applicant will comply with all the terms and conditions of the bond executed by him;
2.The applicant will cooperate in the trial;
3.The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4.The applicant shall not commit an offence similar to the offence of Signature Not Verified Signed by: BIJU BABY Signing time: 1/19/2023 11:06:03 AM 4 which he is accused;
5.The applicant will not seek unnecessary adjournments during the trial.
This order shall remain effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE b Signature Not Verified Signed by: BIJU BABY Signing time: 1/19/2023 11:06:03 AM