Karulal vs State Of Madhya Pradesh

Anil Verma, J

This is the first application filed by the applicant for grant of regular bail under section 439 of the Code of Criminal Procedure, 1973 relating to FIR No.99/2021 registered at P.S-Suwasra, District-Mandsaur (M.P.) for the offence under section 8/21 of NDPS Act.

2/ As per prosecution story, on 27.03.2021 police received confidential information that one person namely Karulal on whom warrant was issued, is standing near Hanuman Chopati suvasra District-Mandsaur. On this information, the police reached the spot and arrested the accused person and on searching, the police found 20 Grams of Smack from his possession. Accordingly, the aforementioned offence was registered and he was arrested.

3/ Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. Applicant is in custody since 28/03/2021 and has already suffered 2 ½ years jail incarceration. Investigation is over and charge-sheet has been filed,. The seized quantity of the contraband is below than the commercial quantity. He is permanent resident of District- Mandsaur. Final conclusion of trial shall take sufficient long time. Hence, he prays that the applicant be released on bail.

4/ Per-contra, learned counsel for respondent – State opposes the bail application and prays for its rejection by stating that the applicant has been previously convicted for the offence under the NDPS Act, therefore, he does not deserve for bail.

5/ Perused the impugned order of the trial Court as well as the case dairy.

6/ Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that the seized quantity of the contraband is below than the commercial quantity, therefore, there is no specific bar under section 37 of the NDPS Act; he has already suffered jail incarceration for about 2 ½ years and final conclusion of trial shall take sufficient long time, in view of the evidence available on record, I deem it proper to release the accused / applicant on bail.

7/ Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 1,50,000/- (Rs. One Lac FiftyThousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required.

8/ He shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C.,

9/ It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant 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.