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[Cites 5, Cited by 2]

Madhya Pradesh High Court

Smt. Nanhi Bai vs The State Of Madhya Pradesh on 20 August, 2014

                              M.Cr.C.No.11192/2014




                           M.Cr.C.No.11192/2014
20.8.2014        Shri Arvind Jain, counsel for the applicant.
                 Shri Akshay Namdeo, Panel Lawyer for the
            State/respondent.

Heard the learned counsel for the parties. The applicant is in custody since 17.7.2014 relating to crime No.229/2014 registered at Police Station Gwarighat, District Jabalpur for offence punishable under Section 8/20 of N.D.P.S. Act.

Learned counsel for the applicant submits that the applicant is a reputed citizen of the locality, who has no criminal past alleged against him as such. Few cases of M.P. Excise Act were registered against the applicant in past. In the present case, it is alleged that she had 1.200 kgs of Ganja with her, which is slightly higher than the small quantity, whereas case of small quantity is bailable. It appears that to make the case grave, smaller quantity has been shown to be more than 1 kg. Sufficient time will be required for disposal of the case. The applicant cannot be kept in custody for unlimited period. Under such circumstances, the applicant prays for bail.

Learned Panel Lawyer for the State opposes the application.

M.Cr.C.No.11192/2014

Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case including the gravity of offence, without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicant viz. Smt.Nanhi Bai may be accepted. Consequently it is hereby allowed.

It is directed that present applicant be released on bail on furnishing a bond in sum of Rs.35,000/- (Rupees thirty five thousand) with one surety bond of the same amount to the satisfaction of the Special Court under N.D.P.S. Act, to appear before the concerned Court on the dates given by the concerned Court.

This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

Certified copy as per rules.

(N.K.GUPTA) JUDGE Pushpendra