Madhya Pradesh High Court
MCRC/55469/2023 of SHERU Vs THE STATE OF MADHYA PRADESH on 5 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 5[th] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 55469 of 2023
BETWEEN:-
SHERU S/O BADAN PARMAR, AGED ABOUT 23 YEARS,OCCUPATION: LABOURER R/O VILLAGE DHAMAKHEDIGANDHVANI DISTT. DHAR (MADHYA PRADESH)
(SHRI RAHUL SHARMA- ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION MANAWAR DIST.DHAR (MADHYA PRADESH)
(SHRI AJAY RAJ GUPTA- PUBLIC PROSECUTOR)
.....RESPONDENT
This application coming on for orders this day, the court passed the following:
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ORDER
This is first application under Section 439 of the Cr.P.C. filed on behalfof the applicant in connection with Crime No.938/2023 registered at PoliceStation - Manaver Distrcit Dhar (M.P.) under Sections 8/21, 29 of NDPS Act.
2. As per the prosecution case, on 13.08.2023, the police stationManaver received a secret information that one Jagdish aged about 25 years wasgoing on a bike from Avalda to Tonk carrying a contraband of Ganja. Thequantity of aforesaid illegal contraband is 45.5 kg.
3. It is submitted that the applicant has been implicated on the basis ofmemo of co-accused Jagdish who has stated that the aforesaid contraband was purchased from the applicant. The contraband has been seized from co-accused Jagdish. The applicant is in jail since 18.08.2023 and charge sheet hasbeen filed. No further custodial interrogation is required.
4. Learned counsel for the respondent/state opposed the prayer statingthat the more than commercial quantity has been seized from the applicant.However, he fairly submits that the applicant has been implicated on the basisof memo of co-accused Jagdish and there is no criminal record of the applicant.
5. After hearing learned counsel for parties, I am of the view that theapplicant is entitled for grant of bail. Therefore, without expressing any view onthe merits of the case, the application is allowed.
6. It is directed that Applicant- Sheru shall be released from custodyupon furnishing a personal bond of Rs.1,00,000/- (Rupees One Lakh Only)with one surety of the like amount to the satisfaction of the court below
7. A typed copy of this order is being forwarded to the Office of theAdvocate General, on their email address, for intimation to the Police Stationconcerned. The office is requested to forward a copy of this order to the courtbelow.
C.c. as per rules.
Sourabh
(VIJAY KUMAR SHUKLA)JUDGE