Madhya Pradesh High Court
Sanwer Khan vs The State Of Madhya Pradesh on 4 December, 2018
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M.Cr.C. No.47137/2018 Sanwar Khan Vs. State of M.P.
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.47137/2018
Indore, dated :04/12/2018
Shri Himanshu Thakur, learned counsel for the
applicant.
Shri H.Y. Mehta, learned Govt. Advocate for the
respondent/State.
Heard. Case diary perused.
This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 528/2013 registered at Police Station-Sitamau, District- Mandsaur for commission of the offence under Section 8/21 of the Narcotics and Psychotropic Substances Act, 1985.
As per prosecution case, on on 10/09/2013, on the basis of secret information police recovered 40 gms., smack from the possession of co-accused-Yasmin. The applicant has been implicated in the present crime on the basis of disclosure statement of co-accused-Yasmin recorded under Section 27 of the Evidence Act.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present crime. No contraband has been recovered from the possession of the applicant and he has been implicated in the present crime only on the basis of disclosure statement of co-accused-Yasmin, recorded under Section 27 of the Indian Evidence Act, which is not legal evidence. The applicant is having no criminal antecedents and he is in custody since 30/10/2018. The 2 M.Cr.C. No.47137/2018 Sanwar Khan Vs. State of M.P. investigation is over and supplementary charge-sheet has already been filed against the applicant. Conclusion of the trial will take considerable time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned counsel for the State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lacs Only) with two solvent sureties of Rs.50,000/- each to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.
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)
skt Judge
Santosh Kumar Tiwari
2018.12.04 17:51:12 +05'30'
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M.Cr.C. No.47137/2018 Sanwar Khan Vs. State of M.P.