Madhya Pradesh High Court
Abhishek vs The State Of Madhya Pradesh on 10 December, 2021
Author: Sanjay Dwivedi
1 MCRC-54075-2021
The High Court Of Madhya Pradesh
MCRC No. 54075 of 2021
(ABHISHEK Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 10-12-2021
Shri Pradeep Kumar Naveria, learned counsel for the applicant.
Shri Prakash Gupta, learned Panel Lawyer for respondent-State.
Heard.
This is first application filed under Section 438 of Cr.P.C. for grant of
anticipatory bail to the applicant, as he apprehends his arrest in connection
with Crime No.30/2021, registered at Police Station Suatala, District
Narsinghpur for the offence punishable under Sections 8/20a, b, 29 of NDPS
Act and Section 279 of Indian Penal Code.
As per case of the prosecution, one car met with an accident on
24.01.2021 within the area of Police Station Suatala, District Narsinghpur and
after the accident, the car was hopelessly damaged but police found 121 kg.
Ganja in the said car and registered an offence under the respective
provisions of NDPS Act. The quantity of Ganja seized was the commercial
quantity and, therefore, granting bail is not permissible as per Section 37 of
the N.D.P.S. Act.
Learned counsel for the applicant submits that the applicant has no role
in the matter and he has been made accused only on the basis of
memorandum of co-accused.
However, Prakash Gupta, learned counsel for the State has opposed
the bail application and submitted that the present applicant cannot be granted
the benefit of Section 438 of Cr.P.C. as against him, proceeding of Section
82 has already been initiated by the authority and, therefore, in view of the
Division Bench judgment of the Apex Court passed in case of State of
M.P. Vs. Pradeep Sharma, 2014(2) SCC 171, bail cannot be granted.
However, learned counsel for the applicant has drawn attention of this
Court to the judgment passed by the learned Single Judge of Gwalior Bench
of this Court in case of Balveer Singh Bundela Vs. State of Madhya
Signature Not Verified
SAN
Digitally signed by SATYA SAI RAO
Date: 2021.12.17 16:47:53 IST
2 MCRC-54075-2021
Pradesh passed in M.Cr.C. No. 5621/2020 whereby the Court has
observed, considering the judgment of the Supreme Court that benefit of
Section 438 Cr.P.C. can be granted even after initiating proceeding under
Section 82 of Cr.P.C. and, therefore, he submits that bail may be granted to
the applicant.
I have considered the submissions made by learned counsel for the
parties and from the facts and circumstances of the case, I am not inclined to
consider the bail application under Section 438 of Cr.P.C. for the reason that
the applicant is found involved in a case in which 121 kg. of Ganja was
seized and the person arrested by the police has taken the name of the present
applicant and only because the present applicant has been made accused on
the basis of memorandum, it is not proper to grant him the benefit of bail
under Section 438 Cr.P.C. Merely because in one of the case, the Co-
ordinate Bench has observed that even after initiating proceeding under
Section 82 of Cr.P.C., the benefit of 438 can be granted, does not entitle the
applicant to get the benefit of Section 438.
Accordingly, I do not find any ground to grant the benefit of Section
438 of Cr.P.C. to the applicant and, therefore, the bail application is
rejected.
(SANJAY DWIVEDI)
JUDGE
rao
Signature Not Verified
SAN
Digitally signed by SATYA SAI RAO
Date: 2021.12.17 16:47:53 IST
