High CourtsSingle Bench

Lalla@Pankaj Singh vs State Of M.P

Madhya Pradesh High Court · Decided on 13 January 2021 · Citation: (2021) 01 MP CK 0055

HON’BLE JUDGES
Sanjay Dwivedi, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21, 22
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.1323 Of 2021
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Judgment

18 paragraphs · 343 words

Sanjay Dwivedi, J

This second bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with

Crime No.408/2020 registered at Police Station-Civil Lines, District Rewa (M.P.), for the offence punishable under Sections 8, 21, 22 of N.D.P.S.

Act. The applicant' first bail application M.Cr.C. No.38202/2020 was dismissed as withdrawn with liberty to move afresh after a period of two

months, vide order dated 04/11/2020. Availing the said remedy, the present application has been filed.

Learned counsel for applicant submits that one of the co-accused facing the same allegation has been granted bail by this Court. The applicant is in

custody since 03/09/2020.

Though the bail application has been opposed by the learned Panel Lawyer appearing for the State but to maintain parity and considering the fact that

the present applicant has moved this application by availing the liberty granted to him and the fact that applicant is in jail since 03.09.2020, I am

inclined to grant bail to the applicant. Accordingly bail application is allowed.

It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one

solvent surety of the same amount to the satisfaction of the Court concerned for his appearance on the dates given by it.

It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

The jail authority is also directed to ensure that the applicant is examined by the jail doctor to ensure that he is not afflicted with the COVID-19 virus.

If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down by

the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released.

 A copy of this order be forwarded to the concerned trial Court through E-mail.

Certified copy as per rules.