Ashok Giri vs State of Madhya Pradesh

This is the second bail application preferred by the applicant under Section 439 Cr.P.C. for grant of bail during trial. The first bail application was dismissed vide order dated 26/03/2018 passed in M.Cr.C.No.1517/2018.

The applicant is facing prosecution for offences punishable under Section 8/15, 26 and 25 of the The Narcotics Drugs and Psychotropic Substances Act, 1985 registered with Police Station Jawad, Distt. Neemuch at Crime No.250/2015. The applicant is in jail since 26/06/2015.

Learned counsel for the applicant at the outset has drawn the attention of this Court towards the order dated 05/07/2017 passed in M.Cr.C.No.4101/2017 and the same reads as under:-

"Shri Anil Ojha, learned counsel for the applicant.

Shri Sudhanshu Vyas, learned Panel Lawyer for the non-applicant/ State.

Heard. Case diary perused.

This is second bail petition under Section 439 of the Cr.P.C. for grant of bail. Applicant - Inder Singh is in custody since 28/06/2015 in connection with Crime No.250/2015 registered at Police Station-Jawad, District - Neemuch for the offence punishable under Section 8/15, 29, 25 of NDPS Act.

Learned counsel for the applicant has submitted that as per case diary, 32 Kg Poppy Straw has been seized from the possession of the present applicant and co-accused Ashok and at that relevant point of time, applicant was not the owner of the car in which the contraband article was transported. The applicant was driver and the Poppy Straw was recovered from the possession of co-accused Ashok. It is also submitted that in Mukhbeer panchanama, co- accused Bhavaram along with other co-accused illegally transporting the Poppy Straw. The application of co-accused Bhavaram for grant of bail has been allowed.

Learned counsel for the applicant has drawn my attention to the order passed on 15/03/2017, passed in Cri.Rev. No.793/2016(Indrasingh Vs. State of Madhya Pradesh) and submitted that the question whether the present applicant is Juvenile or not is pending before the learned Special Judge and till today the same has not been decided in accordance with Section 94 of Juvenile Justice (Care and Protection of Children),2015 Rules and submitted that looking to the period of custody of the applicant so also the fact that from the possession of the present applicant only 32 Kg poppy straw has been seized, which is less than commercial quantity and his earlier application has been wrongly rejected on the basis of fact that from the possession of the present applicant and co-accused 65 Kg Poppy straw has been recovered, he prays for grant of bail.

On the other hand, learned panel lawyer for the non-applicant/ State opposed the prayer and submitted that 32 Kg 500 gms poppy straw has been recovered from the possession of the present applicant and co-accused Ashok. He also drawn my attention to the letter dated 12/06/2017 of SHO of Police Station Jawad, District - Neemuch which is on the basis of letter dated 7/06/2017 received from Police Station - Jalor(Rajasthan) and submitted that except this case, no other case is pending against the present applicant, but prays for rejection of the application.

On due consideration of the aforesaid facts and circumstances and material evidence available in the case diary so also the seizure memo by which 32.500 Kg poppy straw has been seized from the possession of the present applicant, which is less than the commercial quantity, I am inclined to allow this bail application, without expressing any opinion on the merits of the case, I allow this bail application and it is directed that the applicant be released on bail subject to his furnishing a personal bond in the sum of Rs.2,00,000/- with two local sureties in the like amount to the satisfaction of the concerned JMFC/CJM for his appearance before him or trial Court, as the case may be on each and every date of hearing fixed in this behalf by the Court concerned during trial.

This order will remain operative subject to the compliance of the following conditions :-

The applicant will comply with all the terms and conditions of the bond executed by them;

The applicant will co-operate in the trial/investigation, as the case may be;

The applicant will not indulge himself in extending inducement, threat to the prosecution witnesses or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial;

The applicant will mark his presence at Police Station - Jawad, District - Neemuch once in every 15 days of the month till the trial is completed.

A copy of this order be sent to the Court concerned for compliance.

Certified copy as per rules."

Learned counsel for the State has fairly stated before this Court that in identical circumstances bail has been granted to another co-accused person.

It is true that the earlier bail application of the applicant has been rejected by this Court vide order dated 26/03/2018 passed in M.Cr.C.No.1517/2018 but the fact remains that in identical circumstances, bail has been granted to the co-accused person. The present applicant is in jail since 26/06/2015.

This Court, after hearing learned counsel for the parties, after taking into account the order dated 05/07/2017 passed in M.Cr.C.No.4101/2017, considering the circumstances of the case and on perusal of the case diary and also keeping in view the period of detention, is of the opinion that the present bail petition deserves to be allowed and is accordingly allowed.

The applicant - Ashok Giri is directed to be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rs. Two Lakhs Only) with two local sureties in the like amount to the satisfaction of the concerned JMFC/CJM for his appearance before him or trial Court, as the case may be on each and every date of hearing fixed in this behalf by the Court concerned during trial.

This order will remain operative subject to the compliance of the following conditions :-

The applicant will comply with all the terms and conditions of the bond executed by them;

The applicant will co-operate in the trial/investigation, as the case may be;

The applicant will not indulge himself in extending inducement, threat to the prosecution witnesses or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial;

The applicant will mark his presence at Police Station - Jawad, District - Neemuch once in every 15 days of the month till the trial is completed.

A copy of this order be sent to the Court concerned for compliance.

Certified copy as per rules.