Madhya Pradesh High Court
Malkit Singh vs The State Of Madhya Pradesh on 18 February, 2019
1 High Court of Madhya Pradesh, Jabalpur Bench at Indore Miscellaneous Criminal Case No.3068/2019 (Malkit Singh s/o Tara Singh Versus The State of Madhya Pradesh) Indore, Dated 18.02.2019 Mr. Abhay Kumar Saraswat, learned counsel for the applicant.
Mr. Lokesh Bhargava, learned Public Prosecutor for the non-applicant / State of Madhya Pradesh.
They are heard.
This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant Malkit Singh s/o Tara Singh, who is implicated in connection with Crime No.370/2018 registered at Police Station Baghana, District Neemuch (MP) for offence punishable under Sections 8/15 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985.
The applicant is in custody since 30.11.2018. As per prosecution story, on 30.11.2018, Police received a secret information from informant that three persons carrying bag (containing illegal contraband article) will be going to Railway Station via Kileshwar Road. Thereafter, Police Party reached on the spot and prepared necessary panchnama and called two independent witnesses. As per information, Police Party saw that three persons coming from 2 Kileshwar Road having bag. Police party stopped them and asked their name; upon which, they disclosed their name as Roobi Singh s/o Lahauri Singh, Kulvindar s/o Balvindar Singh Jat and Malkit Singh s/o Tara Singh. On search of bag, Police Party recovered 11.200 kilograms of poppy straw from Roobi Singh, 11.300 kilograms of poppy straw from Kulvindar Singh and 11.200 kilograms of poppy straw from Malkit Singh. Thereafter, the present crime has been registered against the accused persons.
Learned counsel for the applicant has submitted that the applicant is an innocent and he has falsely been implicated in the present case. He submitted that non commercial (11.200 Kilograms of poppy straw) contraband article has been recovered from the possession of the applicant. He has also submitted that the applicant is in custody since 30.11.2018. The investigation is over and charge sheet has been filed. The applicant has no past criminal antecedents and there is no possibility of his absconsion or tampering of evidence, if enlarged on bail. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application and prays for its rejection.
Considering the facts and circumstances of the 3 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 upon his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two lakhs Only) with two solvent sureties of Rs.1,00,000/- (Rupees One lakh only) each (out of which one should be of local surety) to the satisfaction of 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) Criminal Procedure Code, 1973.
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) Judge Pithawe RC Digitally signed by Ramesh Chandra Pithwe Date: 2019.02.18 17:05:52 +05'30'