Omprakash vs The State Of Madhya Pradesh
2024 Latest Caselaw 15719 MP

Madhya Pradesh High Court

Omprakash 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. 16989 of 2024

                           BETWEEN:-
                           OMPRAKASH S/O NARSINGHRAM VISHNOI, AGED
                           ABOUT 42 YEARS, OCCUPATION: AGRICULTURIST 14,
                           SIYAGO KI DHANI, VISHNU NAGAR, P.S. LOONI, DISTT.
                           JODHPUR (RAJASTHAN)

                                                                                           .....APPLICANT
                           (BY SHRI VIKAS JAIN - ADVOCATE)

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

                                                                                         .....RESPONDENT
                           (BY SHRI SANTOSH SINGH THAKUR - PUBLIC PROSECUTOR)

                                 This application coming on for orders this day, th e court passed the
                           following:
                                                               ORDER

This is a case of bail jump. The applicant has filed this application under Section 439 of the Cr.P.C. for grant of regular bail. The applicant is in jail in connection with Crime No.316/2014 dated : not mentioned, registered at Police Station Narayangarh District Mandsaur (M.P.) for offences punishable und er Sections 8/15 of the NDPS Act. The earlier bail application was dismissed as withdrawn with liberty to revive the application after a period of 3 months in case if the judgment is not delivered.

2. The applicant was granted bail by order dated 6/1/2015 passed in

M.Cr.C.No.10004/2014. After the grant of bail the applicant did not appear before the trial Court and because of his absence, the judgment could not be delivered and the trial remained pending. He was arrested and produced before the trial Court on 8/3/2024.

3. Counsel for the applicant submits that the said period of three months has already lapsed and the Presiding Officer in the trial is not available. The post is vacant and, therefore, there is no progress in trial.

4. Counsel for the State opposes the prayer and submits that the applicant is resident of Rajasthan and had earlier violated the bail conditions.

5. After hearing learned counsel for the parties and considering the fact

that the applicant is in jail since 9/3/2024 and also the submission that the Presiding Officer is not available and due to which there is no progress in trial, I am of the view that the applicant is entitled for grant of bail on the condition that the applicant shall mark his presence before the concerned Police Station on every 15th of the month during the pendency of trial.

6. It is directed that applicant Omprakash shall be released from custody upon furnishing a personal bond of Rs.1,00,000/- (Rupees one lakh Only) with two local sureties of the like amount to the satisfaction of the Ld. Court below.

7. 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 directed to forward a copy of this order to the Ld. Court below.

8. With the aforesaid, the application is allowed and disposed off. Cc as per rules.

(VIJAY KUMAR SHUKLA) JUDGE PK