Madhya Pradesh High Court
MCRC/52225/2023 of SANJAY TIWARI Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWALON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 52225 of 2023
BETWEEN:-
SANJAY TIWARI S/O SHRI YAGYNARAYAN TIWARI,AGED ABOUT 30 YEARS, OCCUPATION: FARMER R/OVILLAGE PAHADI DAVEER SINGH P.S. MAUGANJDISTRICT REWA (MADHYA PRADESH)
(BY SHRI D. S. DUBEY - ADVOCATE )
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION SAMAN DISTRICT REWA (MADHYA PRADESH)
(BY SMT. NUPUR DHAMIJA - PANEL LAWYER)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
This second bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of regular bail in relation toFIR No. 53/2023 dated 2.2.2023, registered at Police Station Saman, DistrictRewa (M.P.) for commission of offence under Sections 8/20-B of the NDPSAct. Applicant is in detention since 2.2.2023.
2. Applicant's first bail application was dismissed as withdrawn and notpressed vide order dated 1.7.2023 passed in M.Cr.C. No.22201/2023.
3. As per the prosecution story, on the basis of secret informationreceived from informer, four persons were apprehended. They were having bag with them. In search of bags, in total 31 kg ganja (cannabis) was seized fromfour persons. From the possession of the present applicant out of 31 kg only 7kg 700 gms ganja was seized and remaining quantity of cannabis was seizedfrom the possession of other co-accused persons.
4. Learned counsel for the applicant has submitted that applicant has notcommitted any offence. He is innocent. He has been falsely implicated. Quantity alleged to have been seized from the present applicant is notcommercial quantity. Applicant is in jail for more than one year. Witnesses ofseizure memo have been examined and they have not supported the prosecutionstory. Therefore, it is prayed that applicant may be released on bail pending thetrial.
5. On the other hand, learned counsel for the respondent/State hasopposed grant of bail and has submitted that applicant has criminal backgroundof one NDPS case which was registered against him in the year 2020.
6. In rebuttal, learned counsel for the applicant has submitted that in thatcase no contraband was seized from applicant and he was arraigned as accusedon the basis of memorandum of co-accused. To buttress his argument, he hasfurnished copy of order dated 27.4.2023 passed by Special Judge, NDPS Act,Rewa in Crime No.716/2020 of P.S. Mauganj, District Rewa.
7. In this case, applicant has already suffered incarceration of one year. In this period, trial has not been concluded and only two witnesses have beenexamined so far. Trial of the case will take considerable time. Therefore, havingtaken into consideration incarceration period of the applicant and other factsand circumstances of the case, but without expressing anything on the merit ofthe case, I am inclined to release the applicant on bail. Consequently, this second bail application under Section 439 of the Code of Criminal Procedurefor grant of bail filed on behalf of applicant, stands allowed.
8. It is directed that applicant - Sanjay Tiwari be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees FiftyThousand only) with one solvent surety in the like amount to the satisfaction ofthe trial Court, for his regular appearance before the trial Court during trial witha condition that he shall remain present before the concerned Court on all thedates fixed by it during trial. He shall abide by all the conditions enumeratedunder Section 437(3) of Cr.P.C.
9. This order shall be effective till the end of the trial. However, in caseo f bail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
mrs. mishra
(DINESH KUMAR PALIWAL)JUDGE