Madhya Pradesh High Court
Paarsingh vs The State Of Madhya Pradesh on 27 April, 2021
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1 M.Cr.C. No.17147/21, M.Cr.C.No.17144/21
& M.Cr.C. No.19029/21
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.17147/2021
(Bablu BarelaVs. State of M.P.)
M.Cr.C. No.17144/2021
(Premsingh Barela Vs. State of M.P.)
M.Cr.C. No.19029/2021
(Paarsingh Vs. State of M.P.)
Indore, Dated: 27/04/2021
Heard through video conferencing.
Ms. Rekha Shrivastava, learned counsel for the applicants in M.Cr.C.
No.17147/2021 and M.Cr.C. No.17144/2021.
Mr. Nadeem Khan, learned counsel for the applicant in M.Cr.C.
No.19029/2021.
Mr. Pradyumna Kibe, learned Panel Lawyer for the respondent/State.
All these applications are the repeat applications. They have arisen out of the same crime number of the same police station, therefore, they are heard analogously and are being decided by this common order.
The applicants are implicated in connection with Crime No.161/2020 registered at Police Station Kantafod, District Dewas (MP) for offence punishable under Sections 8/20 of the N.D.P.S. Act. The applicants are in custody since 08/07/2020.
M.Cr.C. No.17147/2021 will also govern the disposal of the other connected applications i.e. M.Cr.C. No.17144/2021 & M.Cr.C. No.19029/2021. The facts of M.Cr.C. No.17147/2021 are as under:-
The allegation against the present applicant is that he along with other three accused persons were found in possession of 21 kgs. Ganja. 2 M.Cr.C. No.17147/21, M.Cr.C.No.17144/21 & M.Cr.C. No.19029/21
Learned counsel submits that each of the persons was carrying certain amount of Ganja. So far as the present applicants are concerned, they were having 2 kg., 4 kg. and 4.800 kgs. Ganja respectively. Counsel has further submitted that although their earlier applications have already been dismissed on merits and subsequently, other co-accused persons have already been granted bail by this Court in M.Cr.C. No.12394/2021 and M.Cr.C. No.4123/2021. Counsel has further submitted that from the possession of the other co-accused persons similar quantity has also been seized and the total quantity is just above the commercial quantity which is 20 kgs.
Learned counsel has further submitted that the seizure witnesses have already been examined and they have not supported the case of the prosecution. The copies of their depositions have also been placed with the applications. The applicants are in jail since 08.07.2020 and there are no criminal antecedents against them and final conclusion of trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and the applicants be released on bail.
Counsel for the respondent / State, on the other hand has opposed the prayer and prays for dismissal of the applications.
Having considered the rival submissions, perusal of the case diary and taking note of the fact that the seizure witnesses have not supported the case of the prosecution and final conclusion of trial will take long time on account of Covid-19 pandemic couple with the fact that the applicants have not past criminal antecedents and no purpose would be served to keep them in jail, hence, finding force with the contentions raised by the counsel for the 3 M.Cr.C. No.17147/21, M.Cr.C.No.17144/21 & M.Cr.C. No.19029/21 applicants, in the considered opinion of this Court, the applicants' applications deserve to be allowed.
Accordingly, without commenting on the merits of the case, the applications filed by the applicants is allowed. The applicants are directed to be released on bail upon furnishing a personal bond in the sum of Rs.1,00,000/- (rupees one lakh) each with one separate surety of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
It is also observed that if the applicants are found in any of the criminal activities, after their release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Signed copy of this order be placed in M.Cr.C. No.17144/2021 & M.Cr.C. No.19029/2021.
Certified copy as per rules.
(Subodh Abhyankar) Judge N.R. Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.04.29 14:31:38 +05'30'