Ashoknath vs The State Of Madhya Pradesh
2023 Latest Caselaw 11068 MP

                                                               1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                             AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                   ON THE 17 th OF JULY, 2023
                                            MISC. CRIMINAL CASE No. 48676 of 2022

                           BETWEEN:-
                           ASHOKNATH S/O SHRI SHYAMNATH JI JOGI, AGED
                           ABOUT 30 YEARS, OCCUPATION: LABOURER VILLAGE
                           DEVRI KHAWASA TEHSIL MANASA (MADHYA
                           PRADESH)

                                                                                              .....APPLICANT
                           (BY SHRI ABHISHEK RATHORE - ADVOCATE)

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

                                                                                            .....RESPONDENT
                           (BY MS.BHARTI LAKKAD - G.A.)

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

This is third application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.352/2019 registered at Police Station Narayangarh, Distt. Mandsaur (M.P.) under Sections 8/15, 29 of NDPS Act and Sec.411 and 473 of IPC.

2. It is alleged that from the possession of the applicant 400 kg poppy straw has been seized. The present application is filed mainly on the ground that the applicant is in jail since 2/12/2019 and has completed three years seven months and 16 days jail sentence, and, therefore, he is entitled for bail. Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 17-07-2023 18:03:43

3. Considering the same, a status report was called from the trial court. In the status report, it is stated that the prosecution has cited 11 witnesses and out of 11 witnesses only two has been examined and nine are yet to be examined.

4. Counsel for applicant placed reliance on the judgment passed by the Apex Court in the case of Dhiraj Kumar 2023 SAR (Cri.) 1287 in which it is held that if the under trial prisoner is in jail for more than 2 1/2 years the bar u/S.37 of the NDPS Act would not apply. Counsel for applicant also placed reliance on recent order dated 13.7.2023 passed by the Apex Court in the case of Rabi Prakash Vs. State of Orissa passed in SLP(Cri.) No.4169/2023.

5. Counsel for State opposed the prayer and submits that there is no any other criminal record of NDPS Act against the applicant.

6. After hearing learned counsel for applicant and taking into consideration the law laid down by the Apex Court in the case of Dhiraj Kumar and also in Rabi Prakash (supra) and the fact that the applicant is in jail as under trial for more than three years, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

7. It is directed that Applicant Ashoknath shall be released from custody upon furnishing a personal bond of Rs.1,00,000/- (Rupees one lakh Only) with one surety of the like amount to the satisfaction of the Ld. Court below.

8. It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to

Signature Not Verified arrest the applicant.

Signed by: VARGHESE MATHEW Signing time: 17-07-2023 18:03:43

9. A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 17-07-2023 18:03:43