Madhya Pradesh High Court
Sudha Tiwari vs The State Of Madhya Pradesh on 10 December, 2018
1
THE HIGH COURT OF MADHYA PRADESH AT
JABALPUR
Misc. Criminal Case No. 34865/2018
Sudha Tiwari
Vs.
State of M.P.
Dated: 10.12.2018
Shri Manish Tiwari, counsel for the petitioner.
Shri R.S. Shukla, Government Advocate for the
respondent/State.
Heard on this second application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner Sudha in Crime No.136/2018 registered by Police Station Pali, District Umariya under Sections 20 (b) of NDPS Act.
His first application for the same relief was dismissed as withdrawn by order dated 20.07.2018 passed by this Court in M.Cr.C. No.15285/2018.
Since, his first application for the same relief was dismissed as withdrawn, this second application for bail is being considered on merits.
As per the prosecution case, on an information received from an informant, the Police had seized 1.200 gm of Ganja (fruiting and flowering tops of Cannabis plants) from the house of the petitioner.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The quantity of Ganja seized from the possession of the petitioner is slightly more than the designated small quantity i.e. 1 kg. The petitioner has been in custody since 05.042018. As such, she has already undergone more than eight months in custody; therefore, it has been prayed that the petitioner be released on bail.
Learned Government Advocate for the respondent/State on the other hand has opposed the bail application mainly on the ground that the petitioner is a habitual offender. Apart from the present case, there are two more criminal cases of similar nature registered against the petitioner; therefore, it has been prayed that the application for bail be dismissed.
2THE HIGH COURT OF MADHYA PRADESH AT JABALPUR Misc. Criminal Case No. 34865/2018 Sudha Tiwari Vs. State of M.P. By way of counter arguments, learned counsel for the petitioner submits that in the first case 605 gms Ganja is said to have been seized in possession of the petitioner and in the second case 1.100 gms is said to have been seized from her possession. In both of those cases, she was released on bail from the trial Court. He has filed order sheets to demonstrate that no conviction in those cases has been recorded so far and both the cases are pending.
Keeping in view the facts and circumstances of the case in their entirety, particularly the quantity of Ganja seized from the possession of the petitioner as well as period of custody already undergone by her, in the opinion of this Court, it would be appropriate to release her now on bail. However, it will have to be ensured that the petitioner does not commit any more offence under the provisions of the NDPS Act during the pendency of the present case.
Consequently, this second application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner Sudha Tiwari, is allowed.
It is directed that the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- with two solvent, local sureties in the sum of Rs.50,000/- each to the satisfaction of the trial Court for her appearance before that Court on all dates fixed in the case, for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure and for refraining from committing any more offences under the Provisions of NDPS Act during the pendency of the present case.
Certified copy as per rules.
(C. V. Sirpurkar) Judge pnm Digitally signed by POONAM LONDHE Date: 2018.12.11 01:57:57 -08'00'