Madhya Pradesh High Court
Shoeb vs The State Of Madhya Pradesh on 9 June, 2021
Author: Vivek Rusia
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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
(SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No. 22764/2021
(Shoeb V/s. The State of M.P.)
Date: 09.06.2021:
Ms/ Bhagyashree Syed , learned counsel for the applicant.
Shri Zeeshan Khan, learned Panel Lawyer for the respondent/State.
********
This is repeat second bail application under Section 439, Cr.P.C. for
grant of bail filed by the applicant in connection with Crime No.158/2020
registered at Police-Station- S.T. Bhopal, (Unit)- Indore for commission
of the offence under Sections 8 and 20 of the N.D.P.S. Act. Earlier bail
application of the applicant is dismissed as withdrawn vide order dated
12.02.2021 passed in M.Cr.C. No.52046/2020.
The second bail application has been filed on merit as well as on
health ground. So far the health ground is concerned the report has been
received from the Health Officer, Central Jail, Bhopal. All the profiles are
normal. So far as the Hypothyroidism is concerned he has not produced
any documents in respect of this illness and if required he shall be
examined by the specialist.
As per prosecution case, police has apprehended a Scorpio Car
MP-04-CM-5626 near Pigdambar bridge Mhow Road on the basis of
discreet information. Three persons were found in the Scorpio car. The
driver disclosed his name as Narendra and the person sitting in the next
seat disclosed his name as Guru. The present applicant was sitting on the
rear seat of the vehicle. Search was conducted and from the space below
the driver seat a plastic bag (white color) was found. After opening of the
bag 8 kg and 25 grams plants of Ganja was found. Accordingly all these
three persons were arrested.
Learned counsel for the applicant has submits that the applicant
was not aware that the driver Narendra was carrying the contraband. The
plastic bag was not visible to any other person. The applicant was no
criminal past in respect of N.D.P.S. Act. He is suffering from various
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neurological problems for which he is getting treatment from Gokuldas
Hospital, Indore. Reports pertaining to the treatment have been filed.
Learned counsel is placing reliance over the judgment passed by the
Bombay High Court in Criminal Bail Application No.163/2020
(Santosh Madhukar Shinde V/s State of Maharashtra) and the order of
the coordinate bench of this Court in M.Cr.C. No.22728/2020 (Kailash
V/s State of M.P.). He is in jail since 29.07.2020 and there is no progress
in the trial. No more custodial interrogation is required. He will face the
trial which may take time to conclude. Under these circumstances, he
prays for grant of bail.
Learned panel lawyer for the respondent/State opposes the bail
application.
Considering the facts and circumstances, 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 on his furnishing a
personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only)
with one solvent local surety each of the like amount to the satisfaction
of the trial Court for his regular appearance before 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
Ajit
AJIT
Digitally signed by AJIT KAMALASANAN
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BENCH INDORE, ou=HIGH COURT OF MADHYA
PRADESH BENCH INDORE, postalCode=452001,
KAMALAS
st=Madhya Pradesh,
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ANAN
serialNumber=7F0BEE2D78BD57DA058F3247441
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cn=AJIT KAMALASANAN
Date: 2021.06.09 17:42:48 +05'30'
