Madhya Pradesh High Court
MCRC/13085/2016 of SURESH Vs THE STATE OF MADHYA PRADESH on 29 December 2016
STATE OF MADHYA PRADESH) 29-12-2016 Shri Nilesh Dave,
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Arguments
MCRC-13085-2016
(SURESHVs THE STATE OF MADHYA PRADESH)
29-12-2016
Shri Nilesh Dave, learned counsel for the applicant.
Shri Sanjay Karanjawala, learned counsel for therespondent /State.
This is first application under Section 439 of the Code ofCriminal Procedure for grant of bail filed by theapplicant.
The present applicant was arrested by Police Station-Javad, District- Neemuch in Crime No.251/2016, underSections 8/15 and 29 of NDPS Act for transporting 58 kgof poppy straw in an Indica Car alongwith co-accusedBainaram.
Learned counsel for the applicant submits that thepresent applicant was found travelling in the car andsitting adjacent to the driver Bainaram to whom the carbelonged and who was driving the car. There is no otherevidence available against the present applicant.
Learned counsel for the State submits that the applicantwas travelling in the same car and was having consciousknowledge of the fact that 58 kg of poppy straw wasbeing transported in the car. He also submits that thequantity of the poppy straw is a commercial quantity.
After taking into consideration all the facts andcircumstances of the case and without commenting onmerit of the case, I am of the view that it is a fit case forgrant of bail. The application filed under section 439 of the Cr.P.C. is allowed.
It is directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.75,000-/(Rs. Seventy Five Thousand only) and one solventsurety of the like amount to the satisfaction of theconcerned Magistrate for his appearance on all the datesof hearing as may be directed in this regard during trial.
It is further directed that he shall also mark his presence in the concerned police station on the first Sunday ofevery month between 10.00 am to 12.00 noon duringpendency of the trial. Any default in attendance in Courtand making presence in the concerned police station,would result in cancellation of bail granted by this Courtthereby entitling the police to take the applicant incustody immediately. And also on a condition that thepresent applicant shall remain present on all the dates ofhearing fixed by the trial court unless his personalappearance was exempted by the court.
In case of any breach of condition of this order, thisorder shall be deemed to have been cancelled withoutreference to this Court.
Copy of this order be sent to the concerningSuperintendent of Police.Certified copy as per rules.
(ALOK VERMA)JUDGE