Rohit @ Sharad vs State Of Madhya Pradesh

Atul Sreedharan, J

This is the second application filed under section 439 of the Cr.P.C. for grant of bail to applicant Rohit @ Sharad, who is in judicial custody since 01.03.2020, in connection with Crime No.69/2020 for the offences punishable under section 8/20 of the NDPS Act, registered at Police Station - Chandameta, District - Chhindwara.

The applicant is the driver of the vehicle from which 20.5 kg of Ganja was seized. The applicant is driver of the vehicle and the seizure was effected from Shahabuddin who was sitting in the car. The earlier application moved by the applicant was dismissed as withdrawn with liberty to file in the month of October' 2020.

The applicant is in judicial custody since 01.03.2020 and early conclusion of the trial itself does not seem probable in lieu of the pandemic. Looking to the facts and circumstances and the period of incarceration already undergone by the applicant and the fact that he was the driver of the car and seizure has been made from co-accused Shahabuddin, the application is allowed and it is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial court.

The jail authorities shall get the applicant checked by the jail doctor to ensure that he is not suffering from the coronavirus and if he is, he shall be sent to the nearest hospital designated by the state for treatment. If not, he shall be transported to his place of residence by the jail authorities.

C.C. as per rules.