Madhya Pradesh High Court
Sajid vs The State Of Madhya Pradesh on 30 December, 2024
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2024:MPHC-IND:36999
1 MCRC-55451-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 30th OF DECEMBER, 2024
MISC. CRIMINAL CASE No. 55451 of 2024
SAJID
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Santosh Kumar Meena, learned counsel for the applicant.
Ms. Mradula Sen, learned Govt. Advocate for the respondent/State.
ORDER
1. They are heard. Perused the case diary /challan papers.
2. This is a First application under Section 483 of BNSS (previously
Section 439 of Criminal Procedure Code, 1973), as the applicant is
implicated in connection with Crime No.69/2024 registered at Police Station
Narcotic Cell Indore, Prakostha Mandsaur (MP) for offence punishable
under Sections 8/20, 29 of the N.D.P.S. Act .
3. The applicant is in custody since 29.09.2024.
4. As per the prosecution, on 25.04.2024, on the basis of a secret
information the Police party reached the informed spot and recovered total 1
Quintal 40 Kg. 310 gm. of contraband Ganja (Cannabis) from a car bearing
registration No.GJ-21-Q-9550 from co-accused Shrawan which was in his
possession without a valid license. Thereafter his memorandum under
Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 30-12-2024
17:36:10
NEUTRAL CITATION NO. 2024:MPHC-IND:36999
2 MCRC-55451-2024
Section 27 of the Evidence Act was recorded in which he stated that he was
transporting the contraband for being supplied to the present applicant on the
basis of which he has been implicated and arrested for the present offence.
5. Learned counsel for the applicant submits that applicant is
innocent and has falsely been implicated in the case. Besides the
memorandum of co-accused recorded under Section 27 of the Evidence Act
there is no other evidence on record against him. No recovery has been made
from him. Investigation has been completed and the charge-sheet has been
filed. The applicant is in custody since 29.09.2024 and the trial is likely to
take time for its conclusion. He is not having any criminal antecedents. On
such grounds prayer for grant of bail to the applicant has been made.
6. The aforesaid prayer has been opposed by learned counsel for the
respondent/State submitting that in view of the allegations levelled against
the applicant he is not entitled to be released on bail.
7. I have heard learned counsel for the parties and have perused the
case diary.
8. Implication of the applicant appears to be primarily on the basis of
memorandum of co-accused recorded under Section 27 of the Evidence Act.
No recovery has been made from the applicant. The investigation has been
completed and charge-sheet has been filed. Applicant is in custody since
29.09.2024 and the possibility of the trial taking time for its conclusion
cannot be ruled out. He is not shown to be having any criminal antecedents.
Thus, in my opinion, the applicant deserves to be released on bail.
Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 30-12-2024
17:36:10
NEUTRAL CITATION NO. 2024:MPHC-IND:36999
3 MCRC-55451-2024
9. 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.2,00,000/-
(Rupees Two Lakh 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.
10. 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.
Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 30-12-2024
17:36:10