Madhya Pradesh High Court
Subhash Parashar vs The State Of Madhya Pradesh Thr on 21 February, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 2961/2018
(Subhash Parashar Vs. State of M.P.)
(1)
Gwalior, dated : 21/2/2018
Shri R.S.Ahirwar, Advocate for the applicant.
Shri A.K.Nirankari, Public Prosecutor for the respondent-
State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this repeat application under section 439 of the Cr.P.C. for grant of bail. The earlier one was dismissed as withdrawn with liberty to repeat the prayer after some time, vide order dated 14/11/17 passed by this Court in M.Cr.C. No.21482/17 The applicant has been arrested by Police Station Aparadh Shakha, District Gwalior in connection with Crime No.12/2017 registered in relation to the offences punishable under sections 8/20 of the NDPS Act and 25/27 of the Arms Act.
Allegations against the applicant, in short, are that he was found in illegal possession of 3 Kgs. Ganja, one 315 bore country made pistol with three live cartridges and two 32 bore country made pistols with 6 live cartridges.
Learned counsel for the applicant submits that the applicant has been falsely implicated. The quantity of Ganja allegedly seized from him is much below the commercial quantity. Investigation is over and charge-sheet has been filed. The offences are triable by JMFC. He is permanent resident of C-9, Gandhinagar, Police Station Padav, District Gwalior and there is no likelihood of his absconsion, if released on bail.
Learned Public Prosecutor has opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 2961/2018 (Subhash Parashar Vs. State of M.P.) (2) of bail is made out. Attention has also been invited to the criminal antecedents of the applicant by contending that as many as six cases are already registered against him.
In response, learned counsel for the applicant submits that a family dispute is going on between the applicant and his wife and in all the said cases, wife of the applicant is the complainant.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture. Considering the facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant though on comparatively stringent conditions.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely Subhash Parashar be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with two solvent and local sureties each in the sum of Rs.50,000/- (Rupees fifty thousand only) to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.
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 investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 2961/2018 (Subhash Parashar Vs. State of M.P.) (3)
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(S.A. Dharmadhikari) Judge (and) Digitally signed by ANAND SHRIVASTAVA Date: 2018.02.22 10:13:25 +05'30'