Kallu @ Suraj Pawaiya vs The State Of Madhya Pradesh
2022 Latest Caselaw 16604 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                   ON THE 14 th OF DECEMBER, 2022
       MISCELLANEOUS CRIMINAL CASE No. 59001 of 2022

BETWEEN:-
KALLU @ SURAJ PAWAIYA S/O SHRI RAMBABU
PAWAIYA, AGED 30 YEARS, R/O AZAD NAGAR, GALI NO
1 MORAR DISTRICT GWALIOR (MADHYA PRADESH)

                                                                   .....APPLICANT
(BY SHRI P.S. BHADORIYA-ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION GOHAD CHAURAHA DISTRICT BHIND
(MADHYA PRADESH)

                                                                .....RESPONDENT
(BY MS. KALPANA PARMAR-PANEL LAWYER)

      This application coming on for hearing this day, the court passed the
following:
                                     ORDER

Case diary is available.

This fourth application under Section 439 of Cr.P.C. has been filed for grant of bail. The third application was dismissed as withdrawn by order dated 02.11.2022 passed in M.Cr.C. No.48956/2022.

The applicant has been arrested on 13.11.2021 in connection with Crime No.288/2021 registered at Police Station Gohad Chauraha, District Bhind for offence under Sections 8/20-B, 29, 38 of NDPS Act.

It is submitted by the counsel for the applicant that it is true that previous bail applications of applicant have already been dismissed on merits but period

of detention can also be said to be a changed circumstance. The applicant is in jail from 13.11.2021 i.e. more than one year. According to the prosecution case, online trading platform Amazon was used for supply of ganja in the name of stevia leaves. Two persons were arrested with joint possession of 21 kg of ganja. According to the prosecution case, 364 on-line transactions for supply of two kg of ganja each had taken place within a period of six and a half months i.e. from 03.04.2021 to 22.10.2021. It is submitted that the recording of evidence is going on and some of the witnesses have turned hostile. Even otherwise, it is a case of supply of ganja by adopting an innovative method of misusing the online trading platform. It is further submitted that some of the co-

accused persons have also been granted bail. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that it was the applicant who was the master mind and was preparing inventories for supply of ganja in the name of stevia leaves.

Considering the period of detention, but without commenting on the merits of the case, this Court is of the considered opinion that applicant can be granted bail on the stringent condition. Accordingly, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

It is further directed that the applicant shall appear before the S.H.O. Police Station Gohad Chauraha, District Bhind on 1st of every month

during the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per Rules.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.12.14 18:33:25 +05'30'