Pramila Bai vs State Of Madhya Pradesh

Subodh Abhyankar, J

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

No.04/2021,registered at Police Station-Balakwada, District-Khargone (MP) for offence punishable under Sections 8/20 of the N.D.P.S. Act.

The applicants are in custody since 07/1/2021.

The allegation against the applicant is that she was involved in the aforesaid offence wherein 1 kg. of ganja has been recovered from her and 5 kg of

ganja has been recovered from the joint possession of other two co-accused persons.

Learned counsel for the applicant has submitted that the contraband seized from the applicant is less than the commercial quantity of 20 kg prescribed

under the provisions of law. Counsel has further submitted that the applicant is in jail since 7.1.2021 and the charge sheet has been filed. It is further

submitted that there are no other criminal case registered against the applicant and the final hearing of the trial is likely to take sufficiently long time.

Thus, counsel has prayed that the bail application be allowed.

Learned Panel Lawyer for the respondent/State has opposed the prayer however, it is not denied that there are no other case registered against the

present applicant.

Having considered the rival submissions and on perusal of the case diary, taking note of the quantity of the contraband and looking to the fact that the

applicant she is in jail since 7.1.202; there are no other case registered against her and the final conclusion of the trial is likely to take sufficiently long

time, hence, this Court finds that it would be expedient to allow the present bail application. Accordingly, the application for grant of bail is hereby

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 lac only) with one surety of

the like amount each to the satisfaction of the trial Court for her regular appearance before the trial Court during trial with a condition that 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 observed that, after being released on bail, if the applicant again indulges herself in any criminal activity, the present bail order shall

stand cancelled without further reference to the Court and the police shall be entitled 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.