Madhya Pradesh High Court
Mohammad Riyaz vs The State Of Madhya Pradesh on 8 March, 2022
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
The High Court of Madhya Pradesh : Bench at Indore M.Cr.C. No.55035/2021 (Mohammad Riyaz Vs. State of M.P.) Indore:08.03.2022 Shri Saransh Jain, learned counsel for the applicant. Shri Hemant Sharma with Ms. Geeetanjali Chourasia, Public Prosecutor for the non-applicant/State.
Arguments heard.
This is first application under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant, who is apprehending his arrest in Crime No.55/20 registered at Police Station - Narcotics Cell, Indore, for the offence punishable under Sections 8/20 and 29 of the N.D.P.S. Act.
As per prosecution story, on the date of the alleged incident i.e., on 06/08/2020, on the basis of secret information received by the Police regarding contraband article, they reached to the spot and recovered contraband article from the pickup van and prepared a joint property seizure memorandum in the names of co-accused namely Prakash, Leelsingh, Mastan @ Kasim and Asif Khan.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant has been implicated only on the basis of memorandum of co-accused persons recorded under Section 27 of the Evidence Act, which is not admissible piece of evidence. There is no iota of evidence to connect the present applicant with the aforesaid offences. The contraband article has been seized from the joint possession of co-accused Prakash, Leelsingh, Mastan @ Kasin and Asif Khan and not from the present applicant and, therefore,Section 37 of the NDPS Act would not attract in the instant case. It is further submitted that except the memorandum of co- accused, there is no legal evidence available against the present applicant. He further submits that no custody is required in this matter and the applicant is ready to co-operate and shall abide by all the conditions imposed by this Court. On these grounds, he prays that the applicant may be enlarged on anticipatory bail.
The High Court of Madhya Pradesh : Bench at Indore M.Cr.C. No.55035/2021 (Mohammad Riyaz Vs. State of M.P.) Per contra, learned Public Prosecutors for the non- applicant/State has opposed the application, but they very fairly conceded that except the memorandum of co-accused persons recorded under Sections 27 of the Evidence Act, there is no other material evidence available against the present applicant.
Looking to the facts and circumstances of the case and on perusal of the material available on record including the case diary, without expressing any opinion on the merits of the case, this application is allowed. Accordingly, in the event of arrest, the applicant be released on anticipatory bail on furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty thousand only) alongwith one solvent surety in the like amount to the satisfaction of arresting officer for his appearance before the Investigating Officer on 30.03.2022 as and when directed during the course of investigation. If the applicant will not mark his presence before the concerned I.O/Authority, the order of this Court stand cancelled without further reference to this Court. Conditions of Section 438(2) Cr.P.C. shall also apply on the applicant during pendency of bail alongwith the following conditions:
(I) That, the applicant shall abide by all the conditions enumerated;
(II) The applicant shall mark his presence before the I.O/Authority during the course of investigation; (III) The applicant will co-operate in the investigation or trial, as the case may be;
(IV) The applicant will not influence, induce or threat any of the witness;
(V) The applicant will not seek unnecessary adjournment before the trial Court;
(VI) In case of breach of any of the conditions mentioned in this order, the bail order shall stand cancelled automatically without further reference to this court.
The petition stands disposed of.
Cc as per rules.
(Rajendra Kumar (Verma)) Judge Digitally signed by PREETHA NAIR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, PREETHA NAIR 2.5.4.20=5431da3716f911ecd1cb3fc6dc91ea2cacec60259cb241b9 ad42416f404bb303, pseudonym=BEA9A029360DBE02FDC86E8557A519B70B35E1A7, serialNumber=0EC5BE08895BA17A6074239F753A38DE8188C5E65 085178B87CD8C85BA5B87CC, cn=PREETHA NAIR Date: 2022.03.10 17:58:21 +05'30'