Raju @ Rajesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 13575 MP

                                                       1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE PRANAY VERMA
                                            ON THE 14th OF OCTOBER, 2022

                                     MISC. CRIMINAL CASE No. 48468 of 2022

                               BETWEEN:-
                               RAJU @ RAJESH S/O BALARAM, AGED ABOUT
                               42   YEARS, OCCUPATION: AGRICULTURIST
                               GRAM GHALPAT TEHSIL SUVASRA DISTRICT
                               MANDSAUR (MADHYA PRADESH)

                                                                                    .....PETITIONER
                               (BY MR SANTOSH KUMAR MEENA-ADVOCATE)

                               AND
                               THE STATE OF MADHYA PRADESH STATION
                               HOUSE OFFICER THROUGH POLICE STATION
                               SUVASRA DISTRICT MANDSAUR (MADHYA
                               PRADESH)

                                                                                 .....RESPONDENTS
                               ( BY MS BHARTI LAKKAD-GOVERNMENT ADVOCATE)

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

1. This is the First application under Section 439 of Criminal Procedure

Code, 1973, as the applicant is implicated in connection with Crime No.165/2011 registered at Police Station Suvasra, District Mandsaur for offence punishable under Sections 8/15, 29 of the NDPS Act.

2. The applicant is in custody since 14-09-2022.

3. As per the prosecution on 31/05/2011 at about 07:30 PM near Chomala road, Suvasara, Shamshan Ghat Truck bearing registration no.

Signature Not Verified
Signed by: RASHMI
PRASHANT       MP09KB6888 was stopped and
Signing time: 17-Oct-22
                                                           total 34 quintal 59 kilogram 500 gm
1:14:35 PM

               contraband dodachura          was recovered from the possession of co-accused
               Ramkaran which was being transported by him without valid licence.            On

recording of his memorandum under Section 27 of the Evidence Act to the effect that he had procured the said contraband from the present applicant and co-accused Harivallabh and Ramgopal, the applicant has been implicated and arrested for the present offence.

4. Learned counsel for the applicant submits that the trial of co- accused Ramkaran, Harivallabh and Ramgopal has resulted in their acquittal by judgment dated 07/04/2017 passed in Special Session Case No. 16/2011 by the Additional Special Judge, District Mandsaur. The implication of the applicant is

solely on the basis of memorandum of co-accused Ramkaran recorded under Section 27 of the Evidence Act and there is no other material on record to implicate the present applicant. No recovery has been made from him. It is hence submitted that the applicant deserves to be released on bail.

5. Learned counsel for the respondent/State has opposed the prayer submitting that the offence is of the year 2011 and the applicant has been arrested after a period of more than eleven years who had been absconding during all that period hence is not entitled to be released on bail.

6. I have heard learned counsel for the parties and have perused the case diary and the record.

7. The co-accused Ramkaran from whom the contraband is stated to have been recovered and co-accused Harivallabh and Ramgopal who like the present applicant were alleged to have supplied the contraband to Ramkaran have all been acquitted by judgment dated 07/04/2017 passed in Special Session Signature Not Verified Case No. 16/2011 by the Additional Special Judge, District Mandsaur. Signed by: RASHMI PRASHANT The Signing time: 17-Oct-22 1:14:35 PM implication of the applicant is solely on the basis of memorandum of co-

accused Ramkaran recorded under Section 27 of the Evidence Act. There is no other material available on record against him and no recovery has been made from him. Thus in my opinion, the applicant deserves to be released on bail.

8. Accordingly, without commenting on the 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 lac only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

9. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.

(PRANAY VERMA) JUDGE rashmi

Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 17-Oct-22 1:14:35 PM