Madhya Pradesh High Court
Suraj Mali vs The State Of Madhya Pradesh on 5 September, 2020
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 12687 of 2020 (Suraj Mali Vs. State of MP) Indore, Dated: 5/9/2020 Shri Ashish Tiwari learned counsel for applicant. Shri Chetan Jain learned counsel for State. Heard through video conferencing.
This is an application made by the applicant (accused) under Section 439 Cr.P.C. for grant of bail during trial.
Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused.
The applicant is facing trial for offence punishable under Section 8/15 NDPS Act registered with Police Station Shaskiya Railway Police Ujjain District Ujjain in Crime no. 229/19.
Learned counsel for the applicant submits that 15 kg of poppy-straw has been seized from the custody of present applicant and that the seized quantity is much less than the commercial quantity as the commercial quantity is 50 kg. He further submits that applicant is in custody since 9/12/2019 and till now only the charges have been framed and no witness has been examined. He also submits that applicant has no criminal antecedents and conclusion of trial is likely to take time.
Learned counsel for the State has opposed the application for grant of bail but he has not disputed that applicant has no criminal antecedents.
On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for applicant. Hence I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.
2The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed.
By way of abundant caution, it is further directed that the applicant will also mark his presence in the concerned police station on first Sunday of every month between 10 a.m. to 12 noon during the pendency of the trial. Any default in attendance in Court and marking his presence in the concerned police station would result in cancellation of bail granted by this Court thereby entitling the police to take the applicant in custody immediately.
It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.
Certified copy as per rules.
(Prakash Shrivastava) Judge BDJ Digitally signed by Bhuneshwar Datt Date: 2020.09.05 13:41:33 -07'00'