LOKESH KUMAR CHODHARI v. THE STATE OF MADHYA PRADESH

HIGH COURT OF MADHYA PRADESH, BENCH AT INDOREHIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

M.Cr.C. No. 9856/2021 (Lokesh Kumar Chodhari Vs. State of M. P.)

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Indore, dated 31/03/2021

Mr. K.K. Tiwari learned counsel for the applicant.

Mr. Aditya Garg learned counsel for the respondent/State.

This is first temporary bail application under Section 439 Cr.P.C.

by applicant who has been arrested by Police on 5.9.2020 in connection

with Crime No. 262/2020 Police Station Susner District Agar Malwa

for the offence punishable under Section 8/20 of NDPS Act.

As per prosecution story, from the joint possession of this present

applicant and Shubham Tyagi 1727 kg ganja was recovered. Both were

arrested and made accused in this case. Although the applicant is not

entitled for bail on merit because of the large quantity of contraband

recovered from his possession.

Learned counsel for applicant submits that the applicant is HIV

patient and proper treatment in jail is not available, therefore, he be

enlarged on bail.

For HIV prisoners there are separate guidelines issued to the jail

authorities. The authorities are bound to follow the said guidelines.

There is no report that the treatment from jail is not possible at this

stage. Therefore, on this ground the temporary bail cannot be

considered. However, the jail authorities are directed to follow the

guidelines issued for the HIV prisoners.

Certified copy as per rules.

(VIVEK RUSIA) J U D G E

BDJ