ITEM NO.5 COURT NO.13 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No.14639/2023
(Arising out of impugned final judgment and order dated 03-08-2023 in MCRLA No. 30836/2023 passed by the High Court of M.P. Principal Seat at Jabalpur)
DEVENDRA KUMAR MISHRA @ BADE GURU Petitioner(s)
VERSUS
THE STATE OF MADHYA PRADESH Respondent(s)
(FOR ADMISSION)

Date : 03-01-2024 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE C.T. RAVIKUMAR
HON’BLE MR. JUSTICE RAJESH BINDAL
For Petitioner(s) Mr. Kailash Prashad Pandey, AOR
Mr. Amiya Mishra, Adv.

For Respondent(s) Mr. Harmeet Singh Ruprah, DAG
Mrinal Gopal Elker, AOR
Mr. Saurabh Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. In the captioned Special Leave Petition, the petitioner seeks to assail order dated 03.08.2023 passed by the High Court of Madhya Pradesh at Jabalpur in Misc. Criminal Case No.30836/2023. Vide the said order, the application for bail moved by the petitioner was rejected. The petitioner is standing trial on the charge of commission of offences under Sections 8, 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 5/13 of the M.P. Drug Control Act, 1949 (NDPS). The petitioner has been in custody in the case since 26.11.2022.

2. Heard learned counsel appearing for the petitioner and also the learned standing counsel appearing for the respondent-State of Madhya Pradesh.

3. It is submitted by the learned standing counsel for the respondent-State that out of 10 prosecution witnesses, 03 have been examined. That apart, it is submitted that the petitioner had also involved in another NDPS case. The learned counsel appearing for
the petitioner submitted that in the other case under the NDPS Act, the petitioner has already been acquitted. Taking note of the fact that the petitioner has been in custody since 26.11.2022 and only 03 out of 10 prosecution witnesses are examined and further the nature of the charge, we are of the view that the petitioner can be ordered to be released on bail, subject to the terms and conditions to be imposed by the Trial Court. Ordered accordingly. In that regard, the petitioner shall be produced before the Trial Curt,
forthwith.
4. The Special Leave Petition is disposed of, as above.
5. Pending application(s), if any shall stand disposed of.
(VIJAY KUMAR) (MATHEW ABRAHAM)
COURT MASTER (SH) COURT MASTER (NSH)