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Supreme Court - Daily Orders

Lal Bahadur @ Naveen Chouhan vs The State Of Madhya Pradesh on 11 October, 2022

Bench: Ajay Rastogi, C.T. Ravikumar

                                                          1

     ITEM NO.10                               COURT NO.8                   SECTION II-A

                                     S U P R E M E C O U R T O F       I N D I A
                                             RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)                      No(s).    2913/2022

     (Arising out of impugned final judgment and order dated 15-12-2021
     in MCRC No. 51514/2021 passed by the High Court Of M.P At Indore)

     LAL BAHADUR @ NAVEEN CHOUHAN                                              Petitioner(s)

                                                         VERSUS

     THE STATE OF MADHYA PRADESH                                               Respondent(s)


         IA No. 45765/2022 - EXEMPTION FROM FILING O.T.)

     Date : 11-10-2022 These matters were called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE AJAY RASTOGI
                             HON'BLE MR. JUSTICE C.T. RAVIKUMAR


     For Petitioner(s)                   Mr. Vishal Gera, Adv.
                                         Mr. Kunal Kumar, Adv.
                                         Mr. Sanchit Garga, AOR

     For Respondent(s)                   Mr. Pashupathi Nath Razdan, AOR
                                         Mr. Yashraj Singh Bundela, Adv.
                                         Mr. Prithivraj Singh, Adv.


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Learned counsel for the petitioner submits that the petitioner is facing trial in connection with Crime No. 39/2020 registered at Police Station Narcotics Cell Indore District, Indore for the offence punishable under Section 8(22) of N.D.P.S. Act and he is in Signature Not Verified custody since 22.08.2020.

Digitally signed by

NEETA SAPRA Date: 2022.10.11 16:45:25 IST Reason:

His one of the contention is that post-arrest bail has been granted to the co-accused namely, Mohd. Sajid by the High Court by 2 an order dated 26.09.2022. It is also informed this Court that out of 19 witnesses in the calender of witnesses only 06 witnesses have been examined by this time and how long time trial will take it is not in the ambit of the petitioner.

Learned counsel submits that at least in the given facts and circumstances, the present petitioner also deserves indulgence of seeking post-arrest bail pending trial.

Learned counsel for the respondent vehemently opposed the petition.

After hearing learned counsel for the parties and taking into consideration the material on record and without expressing opinion on merits/demerits of the matter, the petitioner has made out a case of post-arrest bail.

Ordered accordingly.

The petitioner shall be released on bail subject to the terms and conditions to the satisfaction of the Trial Court.

The Special Leave Petition stands disposed of accordingly. Pending application(s), if any, stands disposed of accordingly.

 (MONIKA DEY)                                          (ASHWANI KUMAR)
COURT MASTER (NSH)                                ASTT. REGISTRAR-cum-PS