Madhya Pradesh High Court
Azad vs The State Of Madhya Pradesh on 27 May, 2024
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 27 th OF MAY, 2024
MISC. CRIMINAL CASE No. 19023 of 2024
BETWEEN:-
AZAD S/O SHAMSHUDDIN MANSURI, AGED ABOUT 33
Y E A R S , OCCUPATION: AGRICULTURIST FAKIR
MOHALLA, SHAMGARH DISTT. MANDSAUR (MADHYA
PRADESH)
.....APPLICANT
(SHRI SANTOSH KUMAR MEENA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION NARCOTICS
CELL PRAKOSTH MANDSAUR DISTT. MANDSAUR
(MADHYA PRADESH)
.....RESPONDENT
(SHRI AJAY RAJ GUPTA - PUBLIC PROSECUTOR)
This application coming on for orders this day, th e court passed the
following:
ORDER
This is fifth application under Section 439 of the Cr.P.C. filed on behalf
of the applicant in connection with Crime No.33/2019 registered at Police
Station Narcotics Cell Distt. Mandsaur (M.P.) under Sections 8/15 of NDPS
Act.
2. The first application was dismissed on merits. The fourth application
was dismissed with liberty to renew the prayer, if the trial is not concluded
within the period of six months.
3. The applicant is in jail since 16.05.2019 for last more than 5 years.
4. Considering the aforesaid incarceration period, a status report was
called and as per the status report, out of 13 witnesses only 3 have been
examined and there is no progress in the trial because the other co-accused
persons are absconding, filing of supplementary charge sheet and witnesses are
not appearing.
5. Learned counsel for the respondent/state opposed the prayer and
submits that huge quantity of contraband i.e. poppy straw of 476.3 kg has been
recovered from the possession of the applicant.
6. After hearing learned counsel for the parties and taking into
consideration that the applicant is in jail since last more than 5 years and as per
status report, the trial is likely to take time and considering the judgment passed
by the Apex Court in the case of Dhiraj Kumar reported in 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 and 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.
7. 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.
8. It is directed that Applicant Azad 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.
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
Sourabh
