Madhya Pradesh High Court
Shivkumar Sharma vs The State Of Madhya Pradesh on 3 November, 2014
1
Shivkumar Sharma Vs. State of M.P. M.Cr.C.No.8116/2014
03/11/2014
Shri Rajesh Shukla Advocate for applicant.
Shri B.K. Sharma Govt. Advocate for Respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Ater, District Bhind in connection with Crime No.113/2014 registered in relation to the offences punishable u/ Ss. 8/18 and 20 (a) (i) of NDPS Act.
Learned Public Prosecutor for the State 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 of bail is made out.
The applicant is in custody since 19.08.2014 and the charge- sheet has since been filed where the allegation of recovery of 17Kgs. Ganja including the plants has been made. Learned counsel for the petitioner contends that quantity of Ganja seized includes the plants whereas as per definition mentioned in Section 2 (iii) (b) the actual quantity is comprised of only flowering or fruiting tops of the plant. Thus the actual quantity seized seems to be much less. The trial is not likely to conclude in the near future and that prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not disclose the applicant fleeing from justice. In 2 Shivkumar Sharma Vs. State of M.P. M.Cr.C.No.8116/2014 view of the above, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.100,000/- (Rs. One Lac only) with two solvent sureties of the like amount to the satisfaction of the concerned Trial 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;
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.
(Sheel Nagu) Judge