Madhya Pradesh High Court
Sumit Jawakar vs The State Of Madhya Pradesh on 3 September, 2025
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:42545
1 MCRC-28309-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 3 rd OF SEPTEMBER, 2025
MISC. CRIMINAL CASE No. 28309 of 2025
SUMIT JAWAKAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sandeep Kumar Jain - Advocate for the applicant.
Shri Gitesh Singh Thakur - G.A. appearing on behalf of
respondent/State.
ORDER
This is second bail application filed on behalf of applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
2. The applicant is in jail since 13.03.2025 in connection with Crime No.205/2025 registered at P.S.-Barela, District-Jabalpur, for the offence punishable under Sections 8/20 of NDPS Act.
3. Prosecution story, in brief, is that applicant as well as co-accused persons were found in possession of 11 kg 618 grams of ganja without any licence.
4. Learned counsel for the applicant submits that in the instant case, charge sheet was filed but along with the same, no FSL report was filed. Therefore, applicant is entitled to be released on bail under Section 187(3) of BNSS. With respect to aforesaid, learned counsel for the applicant has relied Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 03-09-2025 19:13:08 NEUTRAL CITATION NO. 2025:MPHC-JBP:42545 2 MCRC-28309-2025 upon Than Singh Vs. The State of M.P. (MCRC No. 7751/2025) decided on 25.02.2025. Applicant is in jail since 13.03.2025. Therefore, learned trial Court has erred in dismissing applicant's application for default bail. The trial of the case will take considerable time. Therefore, it has been prayed that the applicant be released on bail pending the trial.
5. Learned counsel for the respondent/State submits that though FSL report was not filed along with the charge sheet but charge sheet has been filed on 4.6.2025 and FSL report has been filed on 6.6.2025. Therefore, applicant is not entitled to be released on bail on aforesaid grounds.
6. Heard. Perused record of the case.
7. In the instant case, sole issue involved is as to whether in a case where charge sheet has been filed without FSL report, whether applicant/accused is entitled for default bail under Section 187(3) of BNSS.
8. It is correct that in the instant case, charge sheet was filed without FSL report. But as per submissions of learned counsel for the State, charge sheet was filed on 4.6.2025 and FSL report was filed on 6.6.2025.
9. With respect to issue involved in the case, it would be appropriate to refer para 23 of Central Bureau of Investigation Vs. Kapil Wadhawan and Anr., 2024 LiveLaw (SC) 58, which is as under :-
"23. The benefit of proviso appended to sub- section (2) of Section 167 of the Code would be available to the offender only when a chargesheet is not filed and the investigation is kept pending against him. Once however, a chargesheet is filed, the said right ceases. It may be noted that the right of the investigating officer to pray for further Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 03-09-2025 19:13:08 NEUTRAL CITATION NO. 2025:MPHC-JBP:42545 3 MCRC-28309-2025 investigation in terms of sub-section (8) of Section 173 is not taken away only because a chargesheet is filed under sub-section (2) thereof against the accused. Though ordinarily all documents relied upon by the prosecution should accompany the chargesheet, nonetheless for some reasons, if all the documents are not filed along with the chargesheet, that reason by itself would not invalidate or vitiate the chargesheet. It is also well settled that the court takes cognizance of the offence and not the offender. Once from the material produced along with the chargesheet, the court is satisfied about the commission of an offence and takes cognizance of the offence allegedly committed by the accused, it is immaterial whether the further investigation in terms of Section 173(8) is pending or not. The pendency of the further investigation qua the other accused or for production of some documents not available at the time of filing of chargesheet would neither vitiate the chargesheet, nor would it entitle the accused to claim right to get default bail on the ground that the chargesheet was an incomplete chargesheet or that the chargesheet was not filed in terms of Section 173(2) of Cr.P.C."
10. Though aforesaid case has been referred to Larger Bench and it is pending before Hon'ble Apex Court and till today it has not been overruled.
11. Hence, in view of aforesaid, especially, principle of law laid down i n Central Bureau of Investigation (supra), as of now, in this Court's considered opinion, applicant is not entitled to be released under Section 183(3) of BNSS i.e. applicant is not entitled for the benefit of default bail.
12. Hence, in view of discussions in the forgoing paras, applicant is Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 03-09-2025 19:13:08 NEUTRAL CITATION NO. 2025:MPHC-JBP:42545 4 MCRC-28309-2025 not entitled to be released on bail.
13. Accordingly, this bail application is hereby dismissed.
(ACHAL KUMAR PALIWAL) JUDGE sm Signature Not Verified Signed by: SARSWATI MEHRA Signing time: 03-09-2025 19:13:08