Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 1144 (MP)

Irfan v. State Of M. P.

2020-10-20

VIVEK RUSIA

body2020
JUDGMENT Vivek Rusia, J. - This is First application under Section 439 Cr.P.C. by applicants - Irfan S/o Shakir Khan and Nadim S/o Babu Khan, who have been arrested by Police on 20.07.2020 in Crime No.155/2020, Police Station Jaora, District Ratlam concerning offence under Sections 8/15, 29 of the N.D.P.S. Act. 2. Heard learned counsel for the parties through video conferencing and perused the case diary. 3. As per prosecution story, on 20.7.2020, Police recovered 11.169 Kg. of poppy straw from the joint possession of Irfan and Nadeem. They were found transporting the poppy straw along with 11 buffaloes in the truck. After arrest they disclosed the name of Hamir to whom they were going to deliver same. 4. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in the case. The applicants are first offender. They have no criminal past and the seized quantity of contraband is non-commercial quantity. Co-accused Hamir S/o Bhika has already been granted bail vide order dated 24.08.2020 passed in M.Cr.C. No.26276/2020. Applicants are in jail since 20.07.2020. There is no likelihood of early conclusion of the trial. He, therefore, prayed for grant of bail to the applicants. 5. On the other hand, learned Panel Lawyer opposes the prayer for grant of bail. 6. I have perused the case-diary. Taking into consideration the aforesaid facts, without commenting on the merits of the case, the application is allowed and the applicants are directed to be released on bail upon their furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) each, with one solvent surety each in the like amount to the satisfaction of trial Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C. 7. Before releasing the applicants from the custody the jail authorities are directed to medically examine them in order to rule out the possibility of Covid -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020. C.c. as per rules.