Madhya Pradesh High Court
Salikram Momney vs The State Of Madhya Pradesh on 28 September, 2021
Author: Rajeev Kumar Dubey
1 MCRC-41988-2021
The High Court Of Madhya Pradesh
MCRC-41988-2021
(SALIKRAM MOMNEY Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 28-09-2021
Heard through Video Conferencing.
Shri Sanjay Sharma, learned counsel for the applicant.
Shri Vinod Mishra, learned P.L. for the respondent/State.
Case diary perused.
This is the first application filed under Section 439 of Cr.P.C. for grant
of bail. Applicant Salikram Momney was arrested on 23.06.2021 in
connection with Crime No.179/2021 registered at Police Station Garmin
Navegaon, District Balaghat (M.P.) for the offence punishable under Section
8/20 of NDPS Act.
As per prosecution case on 23.06.2021 on the information of informant
police stopped Activa bearing registration No.MP-50-SB-4018 which was
being driven by applicant Salikram Momney and co-accused Rohit Momney
was the pillion rider and seized 17.37 grams of charas from their possession
and thereafter on the information of applicant Salikram Momney, they also
seized 1.850 Kgs of Ganja from the possession of applicant Salikram
Momney.
Learned counsel for the applicant submits that the applicant has not
committed any offence and has falsely been implicated in the offence. The
alleged quantity falls within the purview of small quantity. The applicant has
been in custody since 23.06.2021 and conclusion of trial will take time, hence
prayed for release of the applicant on bail.
Learned counsel for the respondent/State opposed the prayer and
submitted that one other offence is also registered against the applicant. So,
he should not be released on bail.
In reply, learned counsel for the applicant submitted that in that offence
applicant has been acquitted by the Special Judge (NDPS) Balaghat. In this
regard, he also filed copy of the judgment passed by Special Judge (NDPS)
Balaghat in Special Case No.2/2016.
Looking to the facts and circumstances of the case, the quantity of
charas and ganja alleged to have been seized from the possession of the
applicant, which does not fall within the purview of commercial quantity and
the fact that the applicant is in custody since 23/06/2021 and conclusion of
trial will take time, without commenting anything on the merits of the case, the
application is allowed. It is directed that the applicant shall be released on bail
on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty
Signature Not Verified
SAN
Thousand Only) with one surety in the like amount to the satisfaction of the
Digitally signed by RANJEET AHIRWAL
Date: 2021.09.28 16:56:33 IST
2 MCRC-41988-2021
concerned Court for his appearance before the trial Court on all such dates as
may be fixed in this behalf by the trial Court during the pendency of trial.
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
bond executed by him;
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 him from disclosing such facts to the Court or to the Police Officer;
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 prior permission of the trial
Court.
Certified copy as per rules.
(RAJEEV KUMAR DUBEY)
JUDGE
(ra)
Signature Not Verified
SAN
Digitally signed by RANJEET AHIRWAL
Date: 2021.09.28 16:56:33 IST
