KAMAL Vs. STATE OF M.P

JUDGEMENT

(1.) Heard through video conferencing.

(2.) This is tenth bail application under Section 439 of the Criminal Procedure Code, 1973. The applicant is in jail since 1.11.2015 in connection with Crime No.586/2015 registered at P.S., Manasa, District Neemuch, for offence punishable under Section 8/15, 29 of NDPS Act on an allegation that applicant was found in possession of 625 Kg. Poppy Straw unauthorizedly and illegally.

(3.) The first bail application vide M.Cr.C.No.367/2017 was withdrawn as not pressed on 26.4.2017. The second bail application vide M.Cr.C.No.7309/2017 was also withdrawn as not pressed on 1.8.2017. The third bail application vide M.Cr.C.No.28059/2017 was dismissed on 26.2.2018 with an observation that the contraband seized is more than commercial quantity and period of jail incarceration is only two and half years. The fourth bail application for temporary bail vide M.Cr.C.No.22545/2018 was allowed on 20.6.2018 on account of ailing health of mother of the applicant for seven days. The fifth bail application vide M.Cr.C.No.42620/2018, though this Court on 19.11.2018 allowed withdrawal of the application, however, observed that the trial Court shall expedite the trial. The sixth bail application vide M.Cr.C.No.9236/2019 on 26.3.2019 was dismissed with liberty to revive the prayer after arrest of co-accused Rajendra Singh. After arrest of the said co-accused again seventh bail application vide M.Cr.C.No.18298/2019 was filed, this Court on 17.6.2019, though again allowed to withdraw the same with liberty to revive the prayer after eight weeks. Thereafter, eighth bail application vide M.Cr.C.No.34541/2019 this Court on 25.11.2019 was dismissed the application with liberty to revive the prayer after three months or after completion of prosecution witnesses, whichever is earlier. The ninth (Kamal Vs. State of M.P.) bail application vide M.Cr.C.No.12100/2020 was decided on 19.3.2020 with the following observation.:-