Kalusingh @ Karusingh vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1077

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Subodh Abhyankar, J.
Kalusingh @ Karusingh – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 17068 of 2022
Decided On : 07-04-2022

Advocates Appeared:
A.K. Saraswat, Advocate, Santosh Thakur, Advocate
Final Result : Allowed

Headnote:
N.D.P.S. Act - Bail Application - The court allowed the bail application under Section 439 of Cr.P.C. due to lack of material connecting the applicant with the offence, without reflecting on the merits of the case.
Fact of the Case:

The applicant filed a bail application under Section 439 of Cr.P.C. for an offence under the N.D.P.S. Act. The applicant was implicated in connection with the seizure of contraband from a vehicle driven by a co-accused. The applicant had been in custody since 25.1.2022.
Finding of the Court:

The court found force with the contention raised by the counsel for the applicant, allowing the bail application without reflecting on the merits of the case. The applicant was directed to be released on bail upon furnishing a personal bond and surety to the satisfaction of the trial Court.
Issues: The main issue was the applicant's connection with the offence, as there was lack of material available on record apart from a memo under Section 27 of the Evidence act.
Ratio Decidendi: The court's decision was influenced by the lack of material connecting the applicant with the offence, as acknowledged by both the counsel for the applicant and the State. The court allowed the bail application without reflecting on the merits of the case, considering the applicant's custody since 25.1.2022 and the likelihood of a long trial.
Final Decision: The court allowed the bail application under Section 439 of Cr.P.C., directing the applicant to be released on bail upon furnishing a personal bond and surety, with conditions for regular appearance before the trial Court and adherence to the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. The order would stand cancelled automatically if the applicant is found to be involved in any other offence during the trial.

JUDGMENT

Subodh abhyankar, J. - They are heard and perused the case diary.

This is the applicant's first bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.674/2021 registered at Police Station-Sitamau, District- Mandsaur (MP) for offence punishable under Sections 8/15, 25,29 of the N.D.P.S.act. The applicant is in custody since 25.1.2022.

The allegation against the applicant is that he was also involved in the aforesaid offence wherein 3 quintal 60 kg. Poppy Straw has been seized from a Bolero Tanker vehicle bearing registration No. MP-12-Ga-1093 which has been driven by co-accused Harpal Singh. In the memo prepared at the instance of co-accused Harpal Singh the name of the present applicant has come up, is the person who was provided the contraband.

Counsel for the applicant has submitted that apart from the aforesaid memo and the memo prepared under Section 27 of the Evidence act at the present applicant, there is no other material available on record. Counsel has submitted that even the CDR which is available on record in respect of the applicant's conversation with the person to whom the contraband was made delivered to accused Rafique. It is submitted that the charge sheet has been filed; the applicant is in jail since 25.1.2022 and no other criminal case registered against the applicant and the final conclusion of the trial is likely to take long time. In such circumstances, it is prayed that the application be allowed and the applicant be released on bail

Counsel for the State, on the other hand, has opposed the prayer. However, it is not denied that apart from the aforesaid memo under Section 27 of the Evidence act there is no other material available on record to connect the applicant with the offence.

On due consideration of the rival submissions and on perusal of the case diary, this Court finds force with the contention raised by the counsel for the applicant. accordingly, without reflecting anything on the merits of the case, the application filed by under Section 439 of Cr.P.C. on behalf of the applicant is hereby 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 Lacs only) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she 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.

It is further observed that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also.

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.

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