Ramsingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 1412 MP

                                  1                            MCRC-48234-2020
        The High Court Of Madhya Pradesh
                  MCRC-48234-2020
                   (RAMSINGH Vs THE STATE OF MADHYA PRADESH)

4
Indore, Dated : 08-04-2021
      Shri Parichay Trivedi, learned counsel for the applicant.
      Shri Sachin Jaiswal, learned Panel lawyer for the respondent-State.

Heard through Video Conferencing.

This is a repeat (third) bail application filed under Section 439, Cr.P.C. for grant of bail in connection with Crime No.30/2019 registered at Police-

Station- Narcotics Indore for commission of the offence punishable under Sections 8/18 and 29 of the N.D.P.S. Act. His earlier two applications were dismissed as withdrawn vide order dated 25/02/2020 passed in M.Cr.C. No.46533/2019 and order dated 28/07/2020 passed in M.Cr.C. No.20764/2020 because of pendency of similar nature of case against him. Learned counsel for the applicant submits that vide judgment dated 29/03/2019 passed in Special Case No.13/2012, applicant has been acquitted by the Additional Session Judge Mandsaur. The applicant is in custody since 09/05/2019.

As per the prosecution case, 2 kg. of opium was seized from the present applicant which is non-commercial quantity. Applicant is in jail for more than 2 years and there is no progress in the trial. He is aged about 57 years. Therefore, prayer is made for enlargement of the applicant on bail.

Learned Panel lawyer appearing for the respondent/State opposes the prayer and prayed for rejection of the application.

Considering the facts and circumstances of the case, without commenting on the merits of the case, looking to the period of custody and the age of the applicant, the application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two lacs Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before 2 MCRC-48234-2020 the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Before releasing the applicant from the custody, the jail authorities are

directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE

vc Digitally signed by VARSHA CHATURVEDI DN: c=IN, o=HIGH COURT OF MADHYA

VARSHA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011,

CHATURVEDI st=Madhya Pradesh, 2.5.4.20=df59fbf0f5c7485addc8affe3edf2 0e67d11d7f91045d81139f6792fbd4ae91f, cn=VARSHA CHATURVEDI Date: 2021.04.09 11:34:25 +05'30'