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Judgment
7 paragraphs · 292 wordsSanjay Dwivedi, J
This is the third application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to Crime/FIR No.492/2021 dated (not mentioned) registered at Police Station Rehti, District Sehore (M.P) for the offence under Sections 8/20 of N.D.P.S Act. The applicant is in jail since 27.01.2021.
Learned counsel for the applicant submits that on last occasion vide order dated 11.01.2023 passed in M.Cr.C No.60516 of 2022, the trial court was directed to conclude the trial within a period of 6 months but according to him, trial is still not complete. He has now moved this application on the ground of delay in trial and bail application can be considered.
Although, Shri Alok Agnihotri -G.A for State opposed the submission and submits that the present applicant has long criminal history and total 1 quintal and 30 kg ganja seized from the five accused persons, two were arrested on spot including present applicant and three persons ran away and later on they have been arrested.
Considering the arguments advanced by learned counsel for the parties, and perusal of case diary, this bail application on the ground of delay in trial and period of custody comparing with the quantity of narcotic substance seized cannot be considered and allowed at this stage. However trial court is further directed to expedite the trial and conclude the same within further period of three months without giving unnecessarily adjournment to the prosecution and also to the accused persons, if there is no justifiable ground available to the parties.
However, if trial is not completed within further period of three months, the applicant can revive the prayer for grant of bail.
With the aforesaid, this bail application is disposed of.