Sher Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 21118 MP

Madhya Pradesh High Court

Sher Khan vs The State Of Madhya Pradesh on 5 August, 2024

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                            1                       MCRC-28553-2024
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                         BEFORE
                                        HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                 ON THE 5 th OF AUGUST, 2024
                                           MISC. CRIMINAL CASE No. 28553 of 2024
                                                      SHER KHAN
                                                         Versus
                                             THE STATE OF MADHYA PRADESH
                         Appearance:
                                 Shri Himanshu Thakur, learned counsel for the applicant.

                                 Shri    Vinod   Thakur,   learned   Government Advocate      for   the
                         respondent/State.

                                                             ORDER

Heard and perused the case diary.

This First application has been filed on behalf of the applicant for grant of bail under Section 439 of Criminal Procedure Code, 1973, as he is arrested in relating to FIR No.91/2024 dated (not mentioned) registered at Police Station- Narayangarh, District-Mandsaur (MP) for offence punishable under Sections 8/21 & 29 of NDPS Act. The applicant is in custody since

21.06.2024.

(2) As per the prosecution story, on source information, the Police allegedly recovered 10 Gram of Smack from the possession of the co- accused Dilip and hte present applicant has been made accused on the basis of memorandum statement of Dilip.

(3) Learned counsel for the applicant has submitted that the applicant

2 MCRC-28553-2024 is innocent and he has falsely been implicated in this case. It is further submitted that 10 gram of smack was recovered from the possession of co- accused Dilip who has already been enlarged on bail. The present applicant is having complete parity with co-accused Dilip. The contraband seized is less than commercial quantity. He is in jail since 21.06.2024. Under these circumstances, he prays for grant of bail to the applicant.

(4) Learned counsel for the respondent/State has opposed the prayer and prays for its rejection by submitting that two criminal cases have been registered against the applicant.

(5) During the course of argument, learned counsel for the applicant has stated that in one of above two cases, the applicant has already been acquitted. A copy of the judgment has been submitted by him.

(6) Learned Government Advocate for the State has verified that the applicant has been acquitted in one offence.

(7) After hearing learned counsel for the parties and looking to the facts and circumstances of the case and the seized quantity of the contraband, I am of the view that it is a case, in which applicant may be released on bail. Consequently without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

(8) It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that

3 MCRC-28553-2024 he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

(9) This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE

Vindesh