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2018 DIGILAW 785 (MP)

Mahendra Singh v. State of Madhya Pradesh

2018-09-12

S.K.AWASTHI

body2018
ORDER : 1. Heard, Case-diary perused. 2. This is a repeat (second) application under Section 439, Cr.P.C for grant of bail in connection with Crime No.28/2013 registered at police station–Javad, District-Neemuch, concerning offence under Sections 8/15(c), 8/29, 15 of Narcotic Drugs and Psychotropic Substances Act, 1985. 3. As per prosecution story, commercial quantity of poppy straw has been recovered from the possession of the present applicant, who is in custody since 21/01/2013. 4. First application of the applicant was dismissed as withdrawn vide order dated 05/01/2018, passed in M.Cr.C. No.23149/2017, granting liberty to the applicant that if the trial is not completed within a period of 6 months then the applicant may renew his prayer. Report was called from the Special Judge (NDPS Act), Javad, District Neemuch, in which it has been mentioned that total 11 witnesses has to be examined by the prosecution, however, only 5 witnesses have been examined and after 20/02/2018, no witnesses has been examined by the trial Court. 5. Learned counsel for the applicant has submitted that the applicant has already completed 5 years and 8 months in custody and there is no possibility of early conclusion of trial. He placed reliance in the case of Prakash Dhaker vs. State of M.P. Spl. Leave to Appeal (Cri.) No.1075/2017, order dated 15/12/2017 whereby the Hon'ble Supreme Court considering the fact that the applicant has already suffered 5 years in jail allowed the prayer for grant of bail. Under these circumstances, learned counsel prays for grant of bail to the applicant. 6. Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed. 7. Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but 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 on his furnishing a personal bond in the sum of Rs.2,00,000/-(Rupees two lakhs Only), with two solvent sureties of the sum of Rs.1,00,000/- each to the satisfaction of trial Court, 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) of Cr.P.C. 8. 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.