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Judgment
Subodh Abhyankar, J
This is the second application filed by the applicant under Section 439 Cr.P.C. for grant of bail during the trial. His earlier bail application
M.Cr.C.No.33538/2019 was dismissed as withdrawn by this Court vide order dated 19.08.2019.
The applicant is facing trial for offence punishable under Sections 8/20 of the N.D.P.S. Act, registered at Police Station-Narcotic Cell, Distrcit-Indore
in Crime No.03/2019. The applicant is in jail since 20.1.2019.
Allegation against the applicant is that in all 42 kg ganja has been seized from the joint possession of the applicant and the co-accused Kalim Khan.
Counsel for the applicant has submitted that although the contraband is more than the commercial quantity of 20 kg. however, the applicant is in jail
since 20.1.2019 and till now only two prosecution witnesses have been examined in court, out of 10 prosecution witnesses. It is further submitted that
there are no other case under NDPS Act has been registered against the applicant and the final conclusion of trial is likely to take sufficiently long
time on account of Covid-19 pandemic. Hence, counsel prays for grant of bail to the applicant.
Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the prayer. However, it is submitted that except the last offence
under Section 307 of the IPC registered in the year 2017 and the other two cases are minor in nature. However, it is not denied that there are no other
case under NDPS Act registered against the applicant.
Having considered the rival submissions, on perusal of the case diary, taking note of the fact that the applicant is in jails since 20.1.2019 and the final
conclusion of the trial is likely to take sufficiently long time in the wake of fresh spread of COVID-19, this Court finds it expedient to allow the present
bail application. Accordingly, the present application for grant of bail is hereby allowed.
Therefore, the applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with
one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance before the trial Court on the dates so fixed by that Court
during trial. It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.