Panchuram Saini vs Government Of India
2022 Latest Caselaw 7328 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 13th OF MAY, 2022

               MISC. CRIMINAL CASE No. 23980 of 2022

        Between:-
        PANCHURAM SAINI S/O LATE SHRI BALURAM
        SAINI , AGE 50 YEARS, OCCUPATION: BAGWANI,
        R/O GAYATRI NAGAR, HARMADA, JAIPUR
        (RAJASTHAN)

                                                                .....APPLICANT
        (BY SHRI SUSHIL GOSWAMI - ADVOCATE )

        AND

        KENDRIYA NARCOTICS BUREAU, GWALIOR,
        DISTRICT GWALIOR (MADHYA PRADESH)

                                                              .....RESPONDENT
        (BY SHRI PRAVEEN NEWASKAR - ADVOCATE )

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

Case diary is available.

This third application under Section 439 of Cr.P.C. has been filed for

grant of bail. The second application was dismissed by order dated 28.3.2022 passed in M.Cr.C.No.12955/2022 The applicant has been arrested on 14.11.2021 in connection with Crime No.06/2021 registered at Police Station Kendriya Narcotics Burau, Gwalior for offence under Section 8/20 of NDPS Act.

It is submitted by the counsel for the applicant that although the previous bail application was rejected on merits by order dated 28.3.2022 passed in

M.Cr.C.No.12955/2022 but the applicant is in jail for the last six months. The allegations are that 6.102 Kgs. of Ganja was seized from the possession of the applicant. The witnesses are not turning up. On 3.3.2022, 24.3.2022, 8.4.2022 and 27.4.2022 the witnesses did not appear. Even on 11.5.2022 the witnesses did not appear and now the next date before the Trial Court is 6.6.2022.

Per contra, the application is vehemently opposed by the counsel for the respondent. In reply, it is submitted by Shri Newaskar that so far as non- examination of the witnesses is concerned, since the summons are not being returned back either served or unserved, therefore, the prosecution is not responsible for the delay. It is fairly conceded by Shri Newaskar that the

applicant has no criminal history.

However, this submission cannot be accepted because it is the duty of the prosecution to serve the witnesses.

Considering the period of detention coupled with the fact that on five occasions, the witnesses did not appear before the Trial Court and without commenting on the merits of the case, 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.

This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

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 (alok)

ALOK KUMAR 2022.05.13 16:31:50 +05'30'