SHERU v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-02-05. SHERU v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA th ON THE 5 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 55469 of 2023 BETWEEN:- SHERU S/O BADAN PARMAR, AGED ABOUT 23 YEARS, OCCUPATION: LABOURER R/O VILLAGE DHAMAKHEDI GANDHVANI DISTT. DHAR (MADHYA PRADESH) ..... APPLICANT (SHRI RAHUL SHARMA- ADVOCATE) AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION MANAWAR DIST. DHAR (MADHYA PRADESH) ..... RESPONDENT (SHRI AJAY RAJ GUPTA- PUBLIC PROSECUTOR) This application coming on for orders this day, th e court passed the following: ORDER This is first application under Section 439 of the Cr. P. C. filed on behalf of the applicant in connection with Crime No. 938/2023 registered at Police Station - Manaver Distrcit Dhar (M. P. ) under Sections 8/21, 29 of NDPS Act. 2. As per the prosecution case, on 13. 08.
2023, the police station Manaver received a secret information that one Jagdish aged about 25 years was going on a bike from Avalda to Tonk carrying a contraband of Ganja. The quantity of aforesaid illegal contraband is 45. 5 kg. 3. It is submitted that the applicant has been implicated on the basis of memo of co-accused Jagdish who has stated that the aforesaid contraband was Signature Not Verified Signed by: SOURABH Signing time: 05-02-2024 18:08:23 purchased from the applicant. The contraband has been seized from co-accused Jagdish. The applicant is in jail since 18. 08. 2023 and charge sheet has been filed. No further custodial interrogation is required. 4. Learned counsel for the respondent/state opposed the prayer stating that the more than commercial quantity has been seized from the applicant. However, he fairly submits that the applicant has been implicated on the basis of memo of co-accused Jagdish and there is no criminal record of the applicant. 5.
After hearing learned counsel for parties, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed. 6 . It is directed that Applicant- Sheru shall be released from custody upon furnishing a personal bond of Rs. 1,00,000/- (Rupees One Lakh Only) with one surety of the like amount to the satisfaction of the court below 7. A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below. C. c. as per rules. (VIJAY KUMAR SHUKLA) JUDGE Sourabh Signature Not Verified Signed by: SOURABH Signing time: 05-02-2024 18:08:23
Source: High Court of Madhya Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.