Madhya Pradesh High Court
Shriram Vishwakarma vs The State Of Madhya Pradesh on 21 January, 2019
HIGH COURT OF MADHYA PRADESH : JABALPUR
M.Cr.C. No.971/2019
(Shriram Vishwakarma-Vs- State of M.P.)
Jabalpur, Dated : 21.1.2019
Shri Pramod Thakre, counsel for the applicant.
Ms. Manjeet Chuckal, Panel Lawyer for the
respondent/State.
This is the fourth bail application filed by the applicant under Section 439 of Code of Criminal Procedure.
The applicant is in custody since 12.7.2018 in connection with Crime No. 314/2014 registered at P.S. Chachai, District Anuppur for the offence punishable under Section 8/20 of the NDPS Act.
Learned counsel for the applicant contends that it is a case of bail jump and rejection of the application by the trial Court. On 20.11.2018 when no one was present, it was observed that the applicant may apply before the trial Court for recall of the order but in fact, by the order impugned, the application for bail has also been dismissed. However, he is ready to furnish heavy bail bonds and also ready to abide by all the conditions, if any, imposed by this Court. In view of the aforesaid, prayer is made to enlarge the applicant on bail.
Learned counsel for the State opposes the application.
On due consideration of facts and circumstances of the case and looking to the fact that it is a case of bail, jump, this court deems it proper to grant bail to the applicant on stringent conditions.
Accordingly, the application is allowed. Applicant Shriram Vishwakarma is directed to be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- with a solvent surety in the like amount to the satisfaction of JMFC or CJM concerned for his appearance before the trial Court on the dates so fixed by that Court during the trial. It is directed that the applicant shall comply the provisions of Section 437(3) of Code of Criminal Procedure.
It is further directed that the applicant shall regularly appear before the trial Court during trial on the date so fixed by the trial Court and in case, for some reason, he is unable to appear, then prior application be submitted to the Court. Also the applicant shall not leave the station without obtaining leave from the Court concerned. In absence of thereto, the trial Court would be at liberty to cancel the bail and take the applicant into the custody.
Certified copy as per rules.
(J.K. Maheshwari) Judge PB Digitally signed by PRADYUMNA BARVE Date: 2019.01.21 17:45:30 +05'30'