Santosh @ Lala Sahu vs. The State Of Madhya Pradesh

The High Court Of Madhya Pradesh

MCRC-11339-2021

(SANTOSH @ LALA SAHU Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 15-06-2021

Heard through Video Conferencing.

Shri Jai Shukla, learned counsel for the applicant.

Shri Anshuman Swamy, learned Panel Lawyer for the respondent/ State.

Heard.

This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with Crime No.101/2021 registered at Police Station-Kotwali, District-Shahdol, for the offence punishable under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Learned counsel for the applicant submits that the applicant is in custody since 05.02.2021. He further submits that as per the case of the prosecution, the applicant was found in illegal possession of 1 kg. 500 grms. of Ganja (cannabis). He submits that considering the custody period of the applicant and the quantity of seized Ganja, he may be released on bail.

Learned Panel Lawyer for the respondent/State opposes the bail application and submits that there is a criminal record of the applicant as 28 cases are registered against him, however, those cases are of different nature registered under the provisions of the Indian Penal Code.

Considering the period of custody and the quantity of seized Ganja, although the Court below in its order, has hold that out of 28 cases, two cases are related to NDPS Act, without commenting

anything on the merits of the case, I am inclined to consider and allow this bail application. Accordingly, the same is hereby allowed. 2 MCRC-11339-2021

It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the same amount to the satisfaction of the Court concerned for his appearance on the dates given by it.

I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

The jail authority is also directed to ensure that the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released.

Certified Copy as per rules.

(SANJAY DWIVEDI) JUDGE

Prachi