Madhya Pradesh High Court
Dharmraj vs The State Of Madhya Pradesh on 16 November, 2016
1
M.Cr.C. No.7760/2016
M.Cr.C. No.9135/2016
16.11.2016
Shri Anil Ojha, learned counsel for the applicant-
Dharmraj in M.Cr.C. No.7760/2016.
Shri S.K. Vyas, learned Senior Advocate with
Shri Vikas Jain, Advocate for the applicant-Sarfaraz
inM.Cr.C. No.9135/2016.
Shri Mukesh Kumawat, learned Panel Advocate
for the respondent State.
Heard with the aid of case-diary.
ORDER
These are first bail applications filed by applicants u/s. 439 of the Cr.P.C. The accused/applicants are in custody in connection with Crime No. 420/2015 registered at Police Station Jawad, District Neemuch for the offence u/s. 8/15/29 of the Narcotic Drug Psychotropic Substance (NDPS) Act.
2. As per prosecution case, on secret information, officials of Police Station Jawad on 4.11.2015 intercepted a Truck and found that the driver-Gopal and helper-Dharmraj (applicant herein) were transporting poppy-straw in the said Truck. It was found that fake number-plate was fitted on the Truck and on search, 88 gunny bags containing poppy-straw was being transported. Upon this, aforesaid Crime has been registered against Gopal and Dharmraj. During investigation 2 it was found that the Contractor-Kailash has obtained a licence for transportation of poppy-straw, but he was physically challenged, therefore, he was doing the business with the help of applicant-Sarfaraz. Applicant-Sarfaraz along with other co-accused Gopal and Dharmraj hatched a conspiracy and under a licence they have repeatedly transported the poppy-straw illegally.
3. Learned counsel for the applicant-Dharmraj submits that the applicant-Dharmraj is a Cleaner, he has been falsely implicated in this case, he is having no criminal antecedents. He is detained since 4.11.2015 and trial will take long time to conclude. In such circumstances, he be released on bail.
4. Learned senior counsel for the applicant-Sarfaraz submits that the applicant-Sarfaraz is an agriculturist having no criminal antecedents. There is only allegation that he got loaded the poppy-straw in the Truck, however, there is no independent witness, no recovery has been made from the possession of applicant. He has been implicated only on the basis of memorandum of co-accused Gopal and Dharmraj which itself is no evidence. The applicant is detained since 2.7.2016 and trial will take considerable time to conclude. In such circumstances, he be released on bail.
5. On the other hand, learned Panel Advocate vehemently opposes the prayer and submits that the 3 applicant-Dharmraj was transporting the poppy-straw in commercial quantity along with co-accused Gopal. In view of Section 37 of the NDPS Act, applicant-Dharmraj is not entitled for bail.
6. So far as applicant-Sarfaraz is concerned, learned Panel Advocate submits that the applicant-Sarfaraz hatched the conspiracy with other co-accused and he is involved in this crime. He further submits that the applicant-Sarfarz absconded for a long time. In case, he is released on bail, he will temper the evidence. He, therefore, prays for dismissal of the applications of both the applicants.
7. I have considered the submissions and perused the case-diary.
8. So far as applicant-Dharmraj is concerned, there is strong prima facie case against him that he and the co- accused Gopal were transporting the poppy-straw in commercial quantity illegally. Hence, the applicant-Dharmraj has failed to make out a case for grant of bail in view of Section 37 of the NDPS Act. Accordingly, the application (M.Cr.C. No.7760/2016) is dismissed.
9. So far as applicant-Sarfaraz is concerned, he has been implicated only on the basis of memorandum of co- accused. No recovery has been made from his possession. He has having no criminal antecedents. Hence, I am of the view that the applicant-Sarfaraz has been able to make out a case 4 for grant of bail. Thus, the application (M.Cr.C. No.9135/2016) is allowed. It is directed that the applicant- Sarfaraz be released on bail upon his depositing Rs.50,000/- (Fifty Thousand) in cash in the trial Court and upon his furnishing personal bond in the sum of Rs.2,00,000/- (Two Lakhs) with a local solvent surety in the like amount to the satisfaction of trial Court for his appearance as and when directed.
10. The applicant-Sarfaraz is also directed to attend each hearing of his trial before the trial Court out of which this bail arises. Any default in attendance in the Court would result in automatic cancellation of the bail granted by this Court.
M.Cr.Cs. stand disposed of.
C.C. as per Rules.
( JARAT KUMAR JAIN ) JUDGE.
Alok/-