Kadwa vs The State Of Madhya Pradesh
2021 Latest Caselaw 3675 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                          M.Cr.C. No.11384/2021
                         (Kadwa Vs. State of M.P.)
                                     -1-

Indore, dated 28/07/2021
         Heard through Video Conferencing.

         Shri Piyush Dubey, learned counsel for the applicant.
         Shri Jayesh Vyas, learned Panel Lawyer for the respondent /

State.

Case-diary perused.

This is Second application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail. The applicant is implicated in connection with Crime No.442/2017 registered at Police Station- Badgonda, District-Indore (MP) for offence punishable under Section 8/20 of NDPS Act. The applicant is in custody since 08.11.2017.

First application was dismissed on merits vide order dated 13.08.2018 passed in M.Cr.C. No.31034/2018.

02. It is pointed out by the learned counsel for the applicant that his earlier application was dismissed with liberty to renew the prayer after acquittal of the applicant in Crime No.121/2008 registered under Section 8/20 of NDPS Act. Now, the applicant has been acquitted in the aforesaid crime and a copy of the said judgment is annexed herewith as Annexure A-3. It has been stated that conclusion of trial will take a sufficient long time, hence, present application be allowed and applicant be enlarged on bail.

03. Per contra, learned government advocate for respondent - State opposes the bail application and prays for its rejection.

04. After perusal of the record, it is found that the applicant has not filed copy of the judgment delivered in crime No.121/2008. The applicant submits that annexure A-3 is the copy of the said judgment, HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

M.Cr.C. No.11384/2021 (Kadwa Vs. State of M.P.)

whereas, the annexure A-3 is the different document. It is not the copy of the judgment. It is a brief description of the order regarding rejection of the bail by the trial court.

05. Considering the facts and circumstances of the case and the arguments advanced by the learned counsel for the parties and as there is no material changed in the circumstances and also in absence of the judgment by which the applicant has been acquitted in Crime No.121/2008, no case for grant of bail is made out. Hence, the bail application is hereby dismissed.

(Anil Verma) Judge N.R.