Shahnawaj Shaikh vs State Of M.P

Subodh Abhyankar, J

This is the first application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.235/2021

registered at Police Station Jhabua, District Jhabua (MP) for offence punishable under Section 8/21 of the NDPS Act, 1985. The applicant is in

custody since 11/03/2021.

Allegation against the applicant is that he was found in possession of 8.16 grams of brown sugar. The minimum quantity and commercial quantity of

which is 5 grams and 250 grams respectively.

Counsel for the applicant has submitted that the quantity seized from the applicant is just above the minimum quantity and the charge sheet is about to

be filed as the investigation is complete and no recovery or other discovery is required to be made from the applicant. It is further submitted that the

applicant is in jail since 11/03/2021 and the final conclusion of the trial is likely to take sufficient long time on account of fresh spread of COVID-19. It

is further submitted that there are no criminal antecedents against the applicant so far as the NDPS Act is concerned. Hence, it is submitted that the

bail application be allowed and he be released on bail.

Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that apart from the present case, two more cases

have been registered against the applicant; one is under Section 25 of the Arms Act and second is under Section 323, 506 and 308 of the IPC.

Having considered the rival submissions, on perusal of the case diary and taking note of the contraband seized from the applicant which is just above

the minimum quantity and the fact that he is in jail since 11/03/2021 and the final conclusion of the trial is likely to take sufficient long time due to fresh

spread of COVID-19, in the considered opinion of this Court, the applicant's application deserves to be allowed.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is 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 lakh) with one solvent surety of the like amount to the satisfaction of the

trial Court for his/her regular appearance before the trial Court during trial with a condition that he / 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 also observed that if the applicant is found in any of the criminal activities, after his / her release on bail, then the present bail order shall stand

cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused 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.