Madhya Pradesh High Court
Sitaram vs Union Of India on 30 November, 2021
Author: Vivek Rusia
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THE HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
(S.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No.55220/2021
Applicant: - Sitaram S/o Parthaji,
Age-40 years, Occupation- Agriculturist,
Permanent R/o- Nariyabujurg, Tehsil- Shamgarh
District- Mandsaur (M.P.)
Versus
Respondent: - Union Of India, through Central Bureau of
Narcotics, Kota (Rajasthan)
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• Shri Rishiraj Trivedi, learned counsel for the applicant.
• Shri Manoj Kumar Soni, learned counsel for the respondent/CBN.
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ORDER
Indore, Date:30.11.2021:
This is the repeat fourth bail application filed under Section 439,
Cr.P.C.,1973 for grant of bail in connection with Crime No.03/2016
registered at Police-Station- Central Narcotics Bureau Kota, (Rajasthan)
for the commission of offence under Sections 8/21-C, 8/22-C, 8/29 of
N.D.P.S. Act. The applicant is in custody since 29.08.2019 and there is no
progress in the trial.
2. The prosecution case, in brief, is that on 20/09/2016 the officials of
NCB received secret information. A team was constituted to raid the
house of Chandrasekhar @Sonu Patidar, while observing the due process,
from where 1 kg. heroine and 13.6 kg. alprazolam was found.
Chandrasekhar @Sonu was taken into custody and interrogated. On
interrogation, he revealed the name of Lakshman Singh accordingly he
was called to appear on 29/08/2019. The officials of NCB recorded his
statements in which he admitted his association with
[email protected] in the illegal trafficking of contraband. He has
further disclosed that Sitaram (present applicant) was also involved with
them, therefore, he was also called, his statement was also recorded by the
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officials. The appellant has also admitted his involvement in the illegal
trade of contraband with the applicant and co-accused Chandrasekhar @
Sonu. Upon completion of the investigation, NCB filed the Final Report
(Chalan) before the special court against three accused.
3. Learned counsel for the applicant submits that although the repeat
third bail application of the applicant was dismissed vide order dated
09.06.2021 passed in M.Cr.C. No.1414/2021 considering the provisions of
section 67 of N.D.P.S. Act and the judgment passed by the Apex Court in
case of Toofan Singh Vs. State of Tamil Nadu reported in 2020 SCC
online SC 882 but vide order dated 05.10.2021 passed in M.Cr.C.
No.28880/2021 co-accused Laxman Singh has been granted bail hence it
is further submitted that the applicant is also in custody since 29.08.2019
and the trial has not been concluded so far.
4. Shri Soni learned counsel appearing for the respondent/NCB
opposes the bail application by submitting that so far as the present case is
concerned the applicant is having parity with co-accused Laxman Singh,
but Laxman is the first offender whereas the applicant has repeated the
offence. Under the N.D.P.S. Act he has been convicted under sections
8/18 of the N.D.P.S. Act and sentenced to undergo three years. Therefore,
if the applicant is released on bail, he will repeat the offence. Hence, he is
not entitled for grant of bail.
5. It is correct that the appellant is implicated on memorandum
statement recorded under section 27 of the Evidence Act of co-accused at
this stage law laid down in the case of Toofan Singh applies in the case of
the appellant. In view of the above development, without commenting on
the merits of the case, the application filed by the applicant is allowed.
The applicant- Sitaram S/o Parthaji, is directed to be released on bail on
his furnishing a personal bond in the sum of Rs.3,00,000/- (Rupees Three
Lacs Only) with solvent surety of the like amount to the satisfaction of
the trial Court for his regular appearance before the trial Court during the
trial with a condition that he shall remain present before the court
concerned during the trial and shall also abide by the conditions
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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.
6. Before releasing the applicant from 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.
( VIVEK RUSIA )
JUDGE
Ajit
AJIT
Digitally signed by AJIT KAMALASANAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH INDORE, ou=HIGH COURT OF MADHYA
PRADESH BENCH INDORE, postalCode=452001,
st=Madhya Pradesh,
KAMALASA 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba2
41effad892107d95ef0a1afc55b4,
pseudonym=CFDFD9C36711CA738F527A5D61A1EE
901C09EF29,
NAN
serialNumber=7F0BEE2D78BD57DA058F3247441C8
7E7E0817FB61F5E2ABCAEE63CAAA7B3B9FF,
cn=AJIT KAMALASANAN
Date: 2021.12.03 17:46:35 +05'30'
