Gyani Singh @ Gyanendra Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 3842 MP

                                                                      1                           MCRC-16894-2021
                                           The High Court Of Madhya Pradesh
                                                     MCRC-16894-2021
                                             (GYANI SINGH @ GYANENDRA SINGH Vs THE STATE OF MADHYA PRADESH)


                                   Jabalpur, Dated : 02-08-2021
                                          Heard through Video Conferencing.

                                          Shri R.K. Sharma, learned counsel for the applicant.
                                          Shri Pradeep Dwivedi, Panel Lawyer for the respondent/State.

Heard with the aid of case diary.

This is fifth bail application filed by the applicant under Section 439 of

Cr.P.C. Applicant Gyani Singh @ Gyanendra Singh was arrested on 6/10/2016 in Crime No.450/2016 registered at Police Station Mangawa, District Rewa (M.P.) for the offence punishable under Section 8/20 of NDPS Act.

The first bail application of the applicant was dismissed as withdrawn by the Coordinate Bench of this Court vide order dated 14/2/2017 passed in M.Cr.C.No.1731/2017, second bail application was dismissed for want of prosecution by the Coordinate Bench this Court vide order dated 5/9/2017 passed in M.Cr.C.No.4770/2017, third and fourth bail applications of the

applicant were dismissed on merits by the Coordinate Bench of this Court vide orders dated 24/10/2017 & 24/10/2018 passed in M.Cr.C.Nos.15709/2017 & 32552/2018.

A s per the prosecution case, on the information of informant police stopped truck bearing registration no.OD-24-A/8487 which was being driven by co-accused Prashant Bala and applicant was also travelling in that vehicle and seized 101.7 Kgs of ganja from that vehicle, which was illegally being carried by them in that vehicle.

Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. It is further submitted that the applicant was not on the spot. Police arrested the applicant from his house located at village Madhikala and falsely implicated Signature Not Verified SAN the applicant in the crime. The applicant has been in custody since 6/10/2016 Digitally signed by VARSHA SINGH Date: 2021.08.02 17:03:29 IST 2 MCRC-16894-2021 while trial is still pending, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted that earlier third & fourth bail applications filed by the applicant were dismissed on merits thereafter there is no change in circumstances. So looking to the quantity of ganja alleged to have been seized from the possession of the

applicant and the provisions of Section 37 of NDPS Act, he should not be released on bail.

The third and fourth bail application of the applicant were dismissed on merits by the Coordinate Bench of this Court vide orders dated 24/10/2017 & 24/10/2018 passed in M.Cr.C.Nos. 15709/2017 & 32552/2018. Thereafter, there has been no change in the circumstances, except the custody period. Hon'ble Apex Court in the case of Rajesh Ranjan Yadav alias Pappu Yadav v. CBI Through its Director reported in (2007) 1 SCC 70 held that bail, can not be granted solely on the ground of long incarnation in jail and inability of accused to conduct the defence. Apex Court in the case of State of M.P. v. Kajad, (2001) 7 SCC 673 observed "It is true that successive bail applications are permissible under the changed circumstances. But without the change in the circumstances, the second application would be deemed to be seeking review of the earlier judgment which is not permissible under criminal law as has been held by this Court in Hari Singh Mann v. Harbhajan Singh Bajwa [(2001) 1 SCC 169 : 2001 SCC (Cri) 113] and various other judgments."

I t is alleged that the applicant transported 101.7 Kgs of ganja and police seized that ganja from the joint possession of applicant and co- accused Prashant Bala. So, looking to the allegation and provision of Section 37 of the NDPS Act, this Court is not inclined to grant bail to the applicant.

Accordingly, M.Cr.C. is rejected.

However, it appears from the record that applicant is in custody since 6/10/2016 and trial is still pending, so it is expected from the learned trial

Signature Not Verified SAN Court to dispose of the case as early as possible preferably within a period of

Digitally signed by VARSHA SINGH Date: 2021.08.02 17:03:29 IST 3 MCRC-16894-2021 six months from the date of receipt of the copy of this order.

Office is directed to send a copy of this order to the learned trial Court for necessary compliance.

(RAJEEV KUMAR DUBEY) JUDGE

VS

Signature Not Verified SAN

Digitally signed by VARSHA SINGH Date: 2021.08.02 17:03:29 IST