Madhya Pradesh High Court
Ghanshyam Patel vs The State Of Madhya Pradesh on 9 December, 2021
Author: Rajendra Kumar Srivastava
1 MCRC-42084-2020
The High Court Of Madhya Pradesh
MCRC No. 42084 of 2020
(GHANSHYAM PATEL Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 09-12-2021
Shri Baboo Ji Chourasia, learned counsel for the applicant.
Shri Teeka Ram Kurmi, learned P.L. for the respondent/State.
This is second bail application filed by the applicant under Section 439
of the Code of Criminal Procedure. Earlier bail application was dismissed as
withdrawn.
The applicant is in custody since 12.08.2020 in connection with Crime
No.509/2020 registered at Police Station-Mauganj, Distt.-Rewa (M.P.) for the
offence punishable under Section 8, 21 and 22 of NDPS Act and Section
5/13 of Drug Control Act.
A s per prosecution story, on 04.08.2020, police official of Police
Station-Mauganj received an information that applicant/accused kept codeine
mix cough syrup, ALPRAZOL AND SIMPLEXC in his house. Thereafter,
police officials reached in the house of applicant/accused. Applicant/accused
met in his house. During searching, 135 bottle (100 ml each bottle) ONREX
codeine mixed cough syrup, 45 strip of ALPRAZOL and 44 STRIP OF
SIMPLEXC were seized from the possession of applicant/accused.
Learned counsel for the applicant-accused submits that the applicant
has been falsely implicated in this case. He has not been previously
convicted, so there is no probability to repeat the offence. There is no
material available on the record on which it can be said that applicant/accused
is a owner of alleged house and at the time of incident he has exclusive
possession of dispute house. Applicant/accused is in custody since
12.08.2020. Prosecution did not produce single witness in this period. So,
there is no probability to conclude the trial in near future. Speedy trial is a
fundamental right of applicant/accused. In support of his contention, he has
relied the judgment of Hon'ble Apex Court in the case of Union of India Vs.
K.A.Najeeb vide judgment dated 01.02.2021 passed in Criminal Appeal No.
Signature Not Verified
SAN
Digitally signed by LALIT SINGH RANA
Date: 2021.12.13 18:37:52 IST
2 MCRC-42084-2020
98/2021 reported in (2021) 3 SCC 713. It is held that the presence of
statutory restriction under terrorist and Disruptive Activities (Prevention) Act,
1987 or the Narcotic Drugs and Psychotropic Substance Act, 1985, per se
does not oust the ability of the constitutional Courts to grant bail on grounds
of violation of Part III of the Constitution. Applicant/accused cannot be kept
in custody for unlimited period. If, he is kept in custody for unlimited period,
then future of applicant will be spoiled.
Per-contra, learned Panel Lawyer opposes the bail application
submitting that there is bar under Section 37 of NDPS for granting bail to the
applicant. Applicant/accused has previous criminal antecedent. Therefore, he
is not entitled for grant of bail.
Considering the contention of both the parties and this fact that
applicant/accused has not been previously convicted, therefore, there is no
probability to repeat the offence, applicant/accused is in custody since
12.08.2020, prosecution did not produce any single witness in this period, so
there is delay to be conclude the trial. Speedy trial is a right of
applicant/accused, in this situation, applicant/accused is entitled for bail, so it
would not be appropriate to keep the accused/applicant in jail during whole
the trial, hence, without commenting on merits of the case, application of the
applicant under Section 439 of the Cr.P.C. seems to be acceptable.
Consequently, it is hereby allowed.
It is directed that applicant-Ghanshyam patel be released on bail on
his furnishing bail bond in the sum of Rs.1,00,000/-(Rupees One Lakh
Only) with two solvent sureties of the amount of Rs. 50,000/- (Rs. Fifty
Thousand Only) each to the satisfaction of the concerned trial Court for his
appearance before the trial Court on the dates given by the concerned Court.
This order will remain operative subject to compliance of the following
conditions by the applicant:
1. The applicant will comply with all the terms and conditions of the
Signature Not Verified
bond executed by him;
SAN
Digitally signed by LALIT SINGH RANA
Date: 2021.12.13 18:37:52 IST
3 MCRC-42084-2020
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat
or promise to any person acquainted with the fact of the case so as to
dissuade his from disclosing such facts to the Court or to the Police Officers;
4. The applicant shall not commit an offence similar to the offence of
which he is accused;
5. The applicant will not seek unnecessary adjournments during the
trial; and
6. The applicant will not leave India without previous permission of the
trial Court.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
L.R.
Signature Not Verified
SAN
Digitally signed by LALIT SINGH RANA
Date: 2021.12.13 18:37:52 IST
