Madhya Pradesh High Court
Gopal @ Ramgopal vs The State Of Madhya Pradesh on 18 February, 2020
Author: Sunil Kumar Awasthi
Bench: Sunil Kumar Awasthi
M.Cr.C. No.5066/2020 1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.5066/2020
(Gopal @ Ramgopal vs. The State of Madhya Pradesh)
Indore, Dated: 18/02/2020
Shri Ayush Jain, learned counsel for the
applicant.
Shri Sandeep Mehta, learned Public Prosecutor
for the respondent/State.
Heard, Case-diary perused.
This repeat (second) application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant-Gopal @ Ramgopal who is implicated in connection with Crime No.68/2019, registered at Police Station-Bhojpur, District-Rajgarh, concerning offence under Sections 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985. Earlier application was dismissed as withdrawn vide order dated 16/09/2019 passed in M.Cr.C. No.35577/2019.
As per prosecution story, on the basis of secret information, total contraband article of 250 grams of Smack was recovered from three accused persons namely Dakhabai, Rampratap and Gopal, the present applicant. On the basis of which the present case has been registered against the applicant.
Learned counsel for applicant submits that applicant is innocent and he has falsely been implicated in the present case. The prosecution has not complied with Digitally signed by Sumati Jagadeesan Date: 18/02/2020 14:36:06 M.Cr.C. No.5066/2020 2 mandatory provisions of section 50 of the Act because the raiding party has given common notice to 3 accused persons which is not permissible in the eye of law. Moreover, no reply on the notice of section 50 has been recorded from the accused persons. It is further submitted that recovery of contraband article was made from 3 persons, however the prosecution chose to combine all of them and made a common sampling. The method of sampling done by the prosecution is wholly illegal and contrary to the established position of law. This lacuna clearly reflects the falsity of the case registered against him by the prosecution. Applicant is in custody since 27/03/2019. Investigation is over, charge-sheet has been filed and conclusion of trial will take time. There is no possibility of absconsion of the applicant or tampering with the evidence.
In support of his contention, counsel placed reliance upon the judgment of the Supreme Court in the matter of State of Rajasthan Vs. Parmanand and another, (2014) 5 SCC 345. It is further submitted that co-accused Dakhabai and Rampratap have already been granted bail by this Court vide order dated 19.11.2019 and 20/01/2020 passed in M.Cr.C Nos. 47771/2019 and 602/2020 respectively, the case of the present applicant is similar to them, hence learned counsel prays for grant of bail to the applicant.
Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on Digitally signed by Sumati Jagadeesan Date: 18/02/2020 14:36:06 M.Cr.C. No.5066/2020 3 bail, hence the application filed by the applicant be dismissed.
Looking to the submission made by the learned counsel regarding method of sampling done by the prosecution, this Court is of the view that applicant is entitled for bail. However, without commenting on merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.2,00,000/- (Rs. Two Lakhs only) with two solvent sureties of Rs.1,00,000/- (Rupees One Lakh only) each to the satisfaction of the trial court for his/her regular appearance before the trial court during trial with a condition that he/she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under section 473(3) Cr.P.C.. It is further directed that during the trial, the applicant shall mark his/her presence before the concerned police station once in a month.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(S. K. AWASTHI) JUDGE sumathi Digitally signed by Sumati Jagadeesan Date: 18/02/2020 14:36:06