Madhya Pradesh High Court
Mohanlal Kumawat vs The State Of Madhya Pradesh on 21 August, 2017
MCRC-7848-2017
(MOHANLAL KUMAWAT Vs THE STATE OF MADHYA PRADESH)
21-08-2017
Shri Ranjeet Sen, learned counsel for the applicant.
Shri Pankaj Wadhwani, learned counsel for the respondent/State.
Case-diary is available. Arguments heard.
This is first application under Section 439 of Cr.P.C. filed by the applicant for grant of bail.
The present applicant was arrested by Police Station-Industrial Area, Jaora District-Ratlam in Crime No.128/2017 under Sections 8/15, 29 of the N.D.P.S.Act.
According to prosecution story, the co-accused Magan, Dinesh, Anil and Kailash were found transporting 1 quintal and 62 Kg of poppy straw in their possession. It was mentioned that they obtained the contraband from the present applicant and two other persons. Learned counsel for the applicant submits that apart from disclosure memo of the co-accused, no legal evidence is available against the present applicant. He further submits that there is no criminal antecedents against the present applicant. Learned counsel for the State opposes the application. Taking into consideration the facts and circumstances of the case and without commenting on merits, I am of the view that it is a fit case for grant of bail. This application filed under Section 439 of the Cr.P.c. is allowed.
It is directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.75,000/-(Rupees Seventy Five Thousand only) and one solvent surety of the like amount to the satisfaction of the concerned Magistrate for his appearance on all the dates of hearing as may be directed in this regard during trial. By way of abundant caution, it is further directed that the applicant shall 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. He is further directed that on being so released on bail, he would comply with the conditions enumerated under section 437(3) Cr.P.C. meticulously.
Certified copy as per rules.
(ALOK VERMA) JUDGE