Ishwar Singh S/O Bapu Singh vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the applicant's second application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime

No.562/2020 registered at Police Station Kotwali Agar, District Agar Malwa (MP) for offence punishable under Section 8 read with Section 15 of the

Narcotic Drugs & Psychotropic Substances Act, 1985 (herein after referred to as the Act). The applicant is in custody since 27.12.2020.

The allegation against the applicant is that he was found involved the aforesaid offence whereby 5.100 kilograms of cannabis (Ganja) was seized from

the possession of co-accused Govind s/o Gopal Puri.

Counsel for the applicant has submitted that the applicant's earlier bail application Miscellaneous Criminal Case No.3378/2021 has already been

dismissed on merits by this Court on 19.03.2021, however, as the Courts are not working due to COVID-19 and the final conclusion of the trial is

likely to take sufficiently long time and the fact that ganja seized was less than the commercial quantity (commercial quantity is 20 kilograms) and

further the co-accused Govind has already been granted bail by this Court from whose possession the contraband was seized. The investigation is

over and the charge sheet has also been filed. The applicant is in jail since 27.12.2020. Thus, it is submitted that the applicant be released on bail.

Learned counsel for the respondent / State, on the other hand, has opposed the prayer. However, it is not denied that there are no criminal

antecedents of the applicant.

Having considered the rival submissions, perusal of the case diary and also taking note of the facts that the applicant is in jail since 27.12.2020 and the

final conclusion of the trial is likely to take sufficiently long time in the wake of fresh spread of COVID-19 and the other co-accused person from

whose possession the contraband was seized, has already been granted bail, this Court finds it expedient to allowed the present bail application.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on

bail upon furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with one solvent surety of the like amount to the satisfaction of

the trial Court for his / her regular appearance before the trial Court during trial, with a condition that he / she shall remain present before the court

concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

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

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 ineffective.

Certified copy as per rules.