Madhya Pradesh High Court
Kamaluddin vs The State Of Madhya Pradesh on 9 March, 2022
Author: Subodh Abhyankar
MCRC No.5160/2022
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High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Miscellaneous Criminal Case No.5160/2022
(Kamal-uddin s/o Rahim Baksha Musalman
Versus
The State of Madhya Pradesh)
Indore, Dated 09.03.2022
Shri Pradeep Kumar Lalwani, learned counsel for the applicant.
Shri Vishal Sanothiya, learned Government Advocate for the respon-
dent / State of Madhya Pradesh.
They are heard. Perused the case diary / challan papers.
This is the applicant's repeat (second) application under Section 439
of Criminal Procedure Code, 1973, as he / she is implicated in connection
with Crime No.181/2010 registered at Police Station Jeeran, District
Neemuch (MP) for offence punishable under Section 8 read with Sections
18 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985
(herein after referred to as the Act). His earlier first application
Miscellaneous Criminal Case No.59075/2021 has been dismissed as
withdrawn by this Court vide order dated 11.01.2022.
The applicant is in jail since 10.11.2021.
The allegation against the applicant is that he was also involved in the
aforesaid offence wherein on 24.10.2010, 17 kilograms of opium was
seized from the possession of other co-accused persons Kanhaiyalal s/o
Baluram Dhakad, Heeralal s/o Shankarlal Rewari, Bhanwarlal s/o Chunnilal
Gurjar and Shambhoolal s/o Ghisalal Dhakad.
Counsel for the applicant has submitted that in the second bail
application various documents have been filed by the applicant through
MCRC No.5160/2022
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their President of Sadas Gram, Seva Sahakari Samiti Limited, Tahsil
Rgangarar, District Chhitorgarh (Rajasthan) to the effect that the applicant
is residing in the village since last more than a decade and the documents
filed on record demonstrate the aforesaid factum.
It is further submitted that in these aforesaid documents, a certificate
has also been issued by the Election Officer, Gram Seva / Vruhat Krishi
Bahu-uddeshiya Sahakari Samiti Limited, Sadas wherein it is mentioned
that the applicant is elected as the Member of the Society. Counsel has also
submitted that the aforesaid documents have also been verified by the State,
as directed by this Court.
So far as the merits of the case are concerned, it is submitted that the
allegation against the applicant is only on the basis of a memo prepared
under Section 27 of the Evidence Act, whereas the main allegation was
against other co-accused persons Kanhaiyalal, Heeralal and Bhanwarlal
who have already been convicted by the learned Judge of the trial Court
(Special Judge, Neemuch) in Special Sessions Trial No.01/2011 dated
29.11.2014 (a copy of the judgment is also placed on record).
Thus, it is submitted that the applicant, who has falsely been
implicated in the case and is presently lodged in jail since 10.11.2021, be
released on bail, as admittedly the applicant has never absconded and was
residing in the house and was carrying out his normal activities.
Counsel for the respondent / State, on the other hand, has opposed the
prayer.
MCRC No.5160/2022
However, it is not denied that the applicant has been made an accused
on the basis of a memo prepared under Section 27 of the Evidence Act.
It is also found that the documents filed by the applicant regarding his
residential status in the village have also been affirmed by the State.
Having considered the submissions and on perusal of the case diary
as also the documents filed on record, this Court finds it expedient to allow
the present bail application.
Accordingly, without commenting any thing on merits of the case,
the application filed by the applicant is allowed. The applicant is directed
to be released on bail upon furnishing a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like
amount to the satisfaction of the trial Court for his / her regular appearance,
as and when directed. It is also directed that the applicant will attend each
hearing of his trial before the Trial Court out of which this bail arises. Any
default in attendance in Court would result in cancellation of the bail
granted by this Court.
It is also observed that if the applicant is found in any of the criminal
activities, after his release on bail, then the present bail order shall stand
cancelled without further reference to this Court; and the State / prosecution
will be free to arrest the accused in the present case also.
It is also directed that the applicant will abide by all the conditions
enumerated under Section 437 (3) Criminal Procedure Code, 1973.
This order shall be effective till the end of the trial, however, in case
MCRC No.5160/2022
of bail jump, it shall become ineffective.
Certified copy as per rules.
(Subodh Abhyankar)
Judge
Pithawe RC
RAMESH CHANDRA PITHWE
2022.03.09 16:50:38 +05'30'
