Madhya Pradesh High Court
MCRC/51757/2023 of HEMRAJ Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKARON THE 29[th] OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 51757 of 2023
BETWEEN:-
HEMRAJ S/O SHRI RAMCHARAN ALIAS RAMESWARLODHI, AGED ABOUT 35 YEARS, OCCUPATION:AGRICULTURIST GRAM GWARKHEDA POLICESTATION BAMORI DISTRICT GUNA (MADHYAPRADESH)
(BY SHRI F.A. SHAH - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICESTATION THROUGH POLICE STATION FATEHGARHDISTRICT GUNA (MADHYA PRADESH)
(BY MS. PADAMSHRI AGRAWAL - ADVOCATE )
.....RESPONDENTS
This application coming on for admission hearing this day, the courtpassed the following:
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ORDER
They are heard. Perused the case diary / challan papers.
This is the applicant's FIRST application under Section 439 of CriminalProcedure Code, 1973, as he is arrested in connection with Crime No. 305/2023registered at Police Station- Fatehgarh, District- Guna (MP) for offencepunishable under Section 8/20 of the N.D.P.S.Act and section 420 of IPC. Theapplicant is in custody since 13.10.2023.
The allegation against the applicant is that he was found in possession of1.500 Kilograms of Ganja, which is less than the commercial quantity of 20 kg.
as prescribed under the provisions of law.
Counsel for the applicant has submitted that two criminal cases havebeen registered against the present applicant one in the year 2018 and another inthe year 2021, which were registered under the provisions of IPC. It is furthersubmitted that although the charge sheet has not yet been filed, however, theinvestigation is completed and the applicant is lodged in jail since 13.10.2023and the final conclusion of the trial is likely to take a long time. Thus, it issubmitted that the applicant be released on bail.
Counsel for the respondent / State, on the other hand, has opposed the prayer.
On due consideration of rival submissions and perusal of the case-diaryand taking note of the quantity seized from the applicant, this Court finds forcewith the contentions raised by the counsel for the applicant to allow the presentapplication.
Accordingly, without commenting anything on merits of the matter, thepresent application for grant of bail is allowed. The applicant is directed to bereleased on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety in the like amount to thesatisfaction of the Trial Court for his appearance, as and when directed. It isalso directed that the applicant shall be abide by the conditions as enumeratedunder Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case ofbail jump, it shall become ineffective.
Certified copy, as per rules.
Durgekar
(SUBODH ABHYANKAR)JUDGE