Appeal against rejection of fifth bail application in NDPS case involving large quantity of ganja. Court held mere delay in trial due to prosecution inertia was insufficient to grant bail in subsequent round. Application rejected.
Rejection of fifth bail application and direction to trial court to dispose case within 45 days.
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1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 7461 of 2019
---- Applicant
Versus
---- Respondent
For applicant Mr. Amit Kumar Sahu, Adv. For non-applicant/State Mr. Praveen Kumar Shrivastava, PL.
Hon'ble Shri Justice Sharad Kumar Gupta Order On Board
5-12-2019
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Ganja weighing 90.167 kg in the dickey of the car.
Sd/-
(Sharad Kumar Gupta)
Judge
Pathak
2 issues framed by the court
Whether the applicant's repeated failure to avail of earlier bail requests despite prior directions to expedite trial warrants granting bail in the fifth application.
Whether the alleged delay in trial concluding within the prescribed period is sufficient to enlarge bail given the nature of the offence involving huge quantity of cannabis.
Nazim Malik
State of Chhattisgarh
Sharad Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
