Madhya Pradesh High Court
Kajod Chandel vs The State Of Madhya Pradesh on 14 February, 2018
HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
1
Mis. Cr. Case No.4211/2018 (Kajod Chandel Vs. State of MP)
Indore, Dated: 14/02/2018
Shri Anil Ojha, learned counsel for the applicant.
Shri Bhuvan Deshmukh, learned Public Prosecutor for the
respondent/State.
This is the second repeat bail application under section 439 Cr.P.C., on behalf of the applicant. By this application, the applicant is seeking temporary bail. First application was dismissed as withdrawn vide order dated 17/01/2018 passed in Mis. Cr. Case No.9757/2017. The applicant is in jail since 27/07/2016 in connection with crime No.79/2000 for the offence punishable under section 8/18 of the NDPS Act.
In compliance of this Court's order dated 12/02/2018, the learned State's counsel verified the factum of marriage of the daughter of the applicant to be solemnized on 18/02/2018.
As per prosecution case, the applicant was found in illegal possession of 07 kgs., of opium. Accordingly, case has been registered.
Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated in the crime. On these grounds learned counsel prays that the petitioner may be enlarged on temporary bail.
Learned Public Prosecutor has opposed the bail application and prays for its rejection with the contention that the past conduct of the applicant does not entitle him to be enlarged on temporary bail as he remained absconding since 13/03/2002 and surrendered only on 27/04/2016; i.e., for about 14 years.
Learned counsel for the applicant undertakes that the applicant after marriage shall surrender immediately and shall not commit any default, however, this Court may impose conditions which deem fit, commensurate with the conduct of the petitioner.
In view of the facts and circumstances of the case and keeping in view the fact that marriage of daughter of the applicant is to be solemnized on 18/02/2018, the application for temporary bail is allowed from the date of his release till 24/02/2018 with the following conditions:
HIGH COURT OF MADHYA PRADESH BENCH AT INDORE 2 Mis. Cr. Case No.4211/2018 (Kajod Chandel Vs. State of MP)
(i) on his furnishing a personal bond in the sum of Rs.5,00,000/- (Rupees five lakhs only) with two solvent sureties in the sum of Rs.5,00,000/- each to the satisfaction of the Trial Court, on the condition that he shall surrender on or before 24/02/2018 but not later than 05.00 pm, on the said date and any default in that behalf shall be viewed seriously by this Court.
(ii) the applicant shall not influence or tamper with the evidence in any manner whatsoever;
(iii) prosecution shall be free to apply for cancellation of bail in the even the applicant flouts any one of the conditions of the temporary bail granted; and
(iv) the trial Court shall send a copy of surrender certificate of the applicant immediately for retaining the same in the record of this case.
A copy of the order be sent to the Court concerned for necessary compliance.
(Rohit Arya)
b/- Judge
Digitally signed by M V R
BALAJI SARMA
Date: 2018.02.15 11:58:26
+05'30'