Farid S/O Babu Kha Mav vs State Of Madhya Pradesh

Subodh Abhyankar, J

 This is the first application under Section 439 of Criminal Procedure Code, 1973, as he was arrested in connection with Crime No.140/2021

registered at Police Station Jaora City District-Ratlam for offence punishable under Section 8/18 and 29 of the N.D.P.S. Act.

The applicant is in jail since 20.4.2021.

Allegations against the present applicant is that from the possession of the co-accused Arbaz in the present case 800 grams of poppy straw has been

seized from his possession, who has named the present applicant Farid and the co-accused Champalal, as the person, who had sold the aforesaid

poppy straw to the father of the co-accused Arbaz.

Counsel for the applicant has submitted that the applicant that except the memorandum statement of the co-accused Arbaz prepared under Section 27

of the Evidence Act, there is nothing on record to connect the present applicant with the present offence. It is further submitted that even otherwise

the quantity of the poppy straw seized (800 grams) in the present case is less than the commercial quantity and the commercial quantity is 2 Kg and

500 grams. It is further submitted that under identical circumstances, the other co-accused Champalal has already been granted bail by this Court vide

order dated 27.5.2021 passed in M.Cr.C.No.224199/2021. Counsel for the applicant has further submitted that the applicant is in jail since 20.4.2021

and the final conclusion of the trial is likely to take sufficiently long time, therefore, on the grounds of parity also, it is prayed that the applicant is

entitled to grant of bail.

Learned counsel for the respondent / State on the other hand, has opposed the prayer, however, it is not denied that the case of the applicant is

identical to the case of co-accused Champalal. However, it is submitted that there are eight more cases registered against the applicant, but all the

cases are under minor offence.

On due consideration of the rival submissions, on perusal of the case diary and taking note of the fact that the quantity of poppy straw (800 grams)

seized in the present case is less than the commercial quantity, the investigation is almost completed and the applicant is in jail since 20.4.2021 as also

maintaining parity, this Court finds it expedient to allow the present bail application.

Accordingly, the present application for grant of bail is hereby allowed. 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 surety in the like amount to the satisfaction of the trial Court for his appearance as

and when directed. The applicant shall abide by all the conditions as enumerated under Section 437(3) of Cr.P.C.

It is also observed that if the applicant is found in any of the criminal activities, after his / her release on bail, then the present bail order shall stands

cancelled without further reference to this Court; and the State /prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become in effective.