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2024 Supreme(Online)(MP) 16539
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SMT. JUSTICE ANURADHA SHUKLA ON THE 13th OF MARCH, 2024 MISC. CRIMINAL CASE No. 9111 of 2024 BETWEEN:- JASPAL, S/O KUMRE SINGH JASONA, AGED ABOUT 28 YEARS, OCCUPATION: LABOUR, R/O BHAWAN NO.164, GRAM JIRVAY, POST DEVGURADIYA, TAHSIL TOKE KHURD, DISTRICT DEWAS (MADHYA PRADESH) .....APPLICANT (BY SHRI C.S. PATEL - ADVOCATE) AND NARCOTICS CONTROL BUREAU (N.C.B.) INDORE IKAI, DISTRICT INDORE (MADHYA PRADESH) .....RESPONDENT (BY SHRI SANDEEP KUMAR SHUKLA - ADVOCATE) This application coming on for admission this day, the Court passed the following:
Sandeep Kumar Jain,Sandeep Kumar Shukla
An accused may be granted bail on the grounds of delay in trial and the principle of parity, where another accused in a similar situation has been granted bail.
Headnote:
Fact of the Case:
The applicant was arrested on 21.01.2021 in relation to an FIR registered under Sections 8/20, 27, and 29 of the NDPS Act. The applicant filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, arguing delay in trial and seeking parity with another accused, Bhagwan Singh, who was granted bail after being in custody for three years.
Finding of the Court:
The court allowed the bail application, considering the period of custody and the slow progress of the trial.
Issues: Whether the applicant should be granted bail considering the delay in trial and the principle of parity.
Ratio Decidendi: The court applied the principle of parity, as the applicant had been in custody for the same period as Bhagwan Singh, who was granted bail despite the prosecution only examining three witnesses in three years.
Final Decision: The court directed that the applicant be released on bail upon furnishing a personal bond of Rs. 50,000/- with one solvent surety.
ORDER
This is second application under Section 439 of the Code of Criminal Procedure 1973 for grant of bail filed on behalf of the applicant who has been arrested relating to FIR/Crime No.1/2021 registered at Police Station N.C.B. Indore Unit, District Indore (M.P.), for offence punishable under Sections 8/20, 27 and 29 of NDPS Act.
Learned counsel for the applicant submits that the applicant is in custody since 21.01.2021 and the trial will take considerable time to conclude. He further submits that the applicant is innocent and has falsely been implicated in the case. The applicant is a permanent resident of district and there is no likelihood of his absconding or tampering with prosecution evidence. He is ready to furnish adequate surety and shall abide by all the conditions to be imposed by the Court. Upon these grounds, it is prayed that the applicant be released on bail.
Learned counsel for the State has opposed the bail application.
Heard learned counsel for the parties and perused the case diary.
This repeat bail application has been argued on the ground of delay in trial and also on parity and for this the counsel for applicant has relied upon the bail order passed in favour of Bhagwan Singh under M.Cr.C. No.6009/2024. In that order, it was observed that despite a custody of 03 years of Bahgwan Singh, prosecution was able to examine only 03 witnesses before the trial Court. The applicant is also in custody from the same date. Therefore, applying the principle of parity, this bail application also deserves to be allowed.
Although, learned counsel for the respondent has opposed the bail application on the ground that applicant has one criminal antecedent under the provisions of IPC, but having considered the period of custody and the slow progress of trial, this repeat bail application is allowed. It is directed that the applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial.
It is further directed that the applicant shall comply with the provisions of Section 437(3) of Cr.P.C. Accordingly, this M.Cr.C. stands allowed and disposed of. (ANURADHA SHUKLA) JUDGE sjk (ANURADHA SHUKLA) JUDGE sjk
