Madhya Pradesh High Court
Manjit Singh @ Pappu vs Union Of India Thr. Cbn Mandsaur Thr. Raj ... on 23 September, 2020
Author: Sunil Kumar Awasthi
Bench: Sunil Kumar Awasthi
1 MCRC-12033-2020
The High Court Of Madhya Pradesh
MCRC-12033-2020
(MANJIT SINGH @ PAPPU Vs UNION OF INDIA THR. CBN MANDSAUR THR. RAJ KUMAR SAHU)
Indore, Dated : 23-09-2020
Heard through Video Conferencing.
Shri Akhilesh Vyas, learned counsel for the applicant.
Shri Manoj Kumar Soni, learned counsel for the respondent/CBN.
Heard, Case-diary perused.
This repeat (fifth) application under Section 439 of Criminal Procedure Code, 1973 has been filed by the applicant, who is implicated in connection with Crime No.01/2017, registered at Police Station CBN Mandsaur, District Mandsaur, concerning offence under Sections 8/15, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.
Earlier two applications were dismissed as withdrawn vide orders dated 26/03/2018 and 04/09/2018 passed in M.Cr.C. Nos.4770/2018 and 29833/2018. Third application was dismissed on merits vide order dated 17/12/2018 passed in M.Cr.C. No.43470/2018 and the fourth application was dismissed as withdrawn vide order dated 11/11/2019 passed in M.Cr.C. No.44959/2019.
As per prosecution story, on 18/07/2017, on the basis of source information, police recovered 160.80 Kgs., of poppy straw from the house of co-accused Ramkumar Tiwari. On interrogation by the CBN Officers under Section 67 of NDPS Act, co-accused Ramkumar Tiwari dislcosed that he procured and supplied the contraband through the present applicant. On the basis of this information, the applicant has been implicated in the present crime.
Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present crime. No contraband article has been recovered from the possession of the Digitally signed by Sumati Jagadeesan Date: 2020.09.25 10:34:12 +05'30' 2 MCRC-12033-2020 applicant. He has been implicated only on the basis of disclosure statement of co-accused Ramkumar Tiwari, recorded under Section 67 of NDPS Act, however, Ramkumar Tiwari has already expired. The applicant is in custody since 18/07/2017. Investigation is over and charge-sheet has been filed. Out of 12 prosecution witnesses, only 3 witnesses has been examined till date, there is no possibility of early conclusion of the trial in the near future and the applicant cannot be kept in custody for an unlimited period. Under these changed circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned counsel for the respondent/CBN submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his/her furnishing a personal bond in the sum of Rs.4,00,000/-(Rupees Four lakhs Only) with two solvent sureties in the sum of Rs.2,00,000/- (Rupees two lakhs only)each to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he/she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(S.K. AWASTHI) JUDGE sumathi Digitally signed by Sumati Jagadeesan Date: 2020.09.25 10:34:33 +05'30' 3 MCRC-12033-2020