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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Sunil – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61091 of 2022
Decided On : 26-12-2022
Bail - NDPS Act - The court granted bail to the applicant under Section 439 of the Criminal Procedure Code, 1973, considering the circumstances of the case and the arguments presented by the parties. The applicant was directed to furnish a personal bond and comply with the provisions of Section 437(3) Cr.P.C. The bail would remain effective till the end of the trial, but any breach of the pre-conditions would result in cancellation without reference to the Bench.
Fact of the Case:
The applicant filed an application for bail under Section 439 of the Criminal Procedure Code, 1973, as he was facing trial for an offence under Section 8/21 of NDPS Act. The prosecution alleged that the applicant was found in possession of 10 grams of brown sugar and opposed the bail application.
Finding of the Court:
The court allowed the bail application, considering the facts and circumstances of the case, without commenting on the merits of the case. The applicant was granted bail on the condition of furnishing a personal bond and complying with the provisions of Section 437(3) Cr.P.C.
Issues: The main issue was whether the applicant should be granted bail during the trial, considering the allegations and the arguments presented by the parties.
Ratio Decidendi: The court granted bail to the applicant based on the circumstances of the case, the arguments presented, and without commenting on the merits of the case. The court also imposed conditions for the bail to remain effective till the end of the trial.
Final Decision: The court allowed the bail application and directed the applicant to be released on bail upon furnishing a personal bond and complying with the provisions of Section 437(3) Cr.P.C.
JUDGMENT
Rajendra Kumar (Verma), J. - This is the first application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, for grant of bail during trial. The applicant is facing trial in connection with Crime No.512/2022 registered at Police Station Sanyogitaganj, District Indore for offence under Section 8/21 of NDPS Act. Applicant is in jail since 18/10/2022.
2. As per the prosecution story, on 18/10/2022 police got a discrete information from the informant regarding the illegal transportation of the contraband. Act upon the said information, police party reached on the spot and intercepted the present applicant and recovered 10 Gram brown sugar from his possession. Accordingly, a case has been registered against the applicant. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Investigation is over and charge sheet has been filed. The seized quantity of contraband is below than the commercial quantity. Applicant is not having any criminal antecedent. The applicant is in custody since 18/10/2022 and conclusion of trial will take sufficient long time. Under these circumstances, prayer was made for grant of bail to the applicant.
3. Learned Government Advocate opposed the application and prayed for its rejection.
4. I have heard the learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case and the arguments advanced by the learned counsel for the parties, on perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.
5. It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.
6. This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
7. The M.Cr.C. stands allowed and disposed off.
Certified Copy as per rules.
The court has the discretion to grant bail based on the circumstances of the case and the arguments presented, without commenting on the merits of the case.
The court has the discretion to grant bail during trial based on the facts and circumstances of the case, without commenting on the merits of the case.
The main legal point established in the judgment is the court's discretion to grant bail during trial under Section 439 of the Criminal Procedure Code, 1973, based on the facts and circumstances of t....
The court applied the provisions of Section 439 of the Criminal Procedure Code, 1973, and considered the circumstances and arguments presented by the parties in allowing the application for bail unde....
The court has the discretion to grant bail based on the facts and circumstances of the case, and the applicant's compliance with specific conditions.
The main legal point established in the judgment is that the grant of bail under Section 439 of the Criminal Procedure Code, 1973, can be influenced by factors such as lack of criminal antecedents, a....
The court considered the lack of criminal antecedents, joint possession of contraband, and the applicant's role as the breadwinner for the family in granting bail under Section 439 of the Code of Cri....
The court has the discretion to grant bail based on the facts and circumstances of the case, considering the duration of custody and the applicant's role as the sole bread earner of his family.
The court may grant bail under Section 439 Cr.P.C. based on the nature of allegations, length of custody, and absence of criminal antecedents of like nature.
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