Beermaram Jaat vs The State Of Madhya Pradesh
2021 Latest Caselaw 2642 MP

                                  1                           MCRC-22077-2021
        The High Court Of Madhya Pradesh
                  MCRC-22077-2021
           (BEERMARAM JAAT AND OTHERS Vs THE STATE OF MADHYA PRADESH)

4
Jabalpur, Dated : 23-06-2021
      Heard through Video Conferencing.
      Shri Ajay Kumar Jain, learned counsel for the applicants.
      Shri Kishor Roy, learned P.L. for the respondent/State.

This is repeat (third) bail application under Section 439 of Cr.P.C. filed by the applicants. Earlier bail applications were dismissed even on merits.

O n perusal of earlier rejection order of bail of both the applicants, it appears that the allegation against them is that they were in joint possession of 70 kgs of Ganja which comes under the purview of more than commercial quantity. The predecessor Bench has rejected the earlier bail applications in view of the provision of Section 37 of NDPS Act.

O n asking from the learned counsel for the applicants whether any change in circumstances from the earlier order of rejection, he submits that s o m e of the witnesses have been examined and not supported the prosecution case. He has also filed the copy of two prosecution witness. The

learned counsel for the applicants has also relied upon the judgment passed by the Division Bench of this High Court in the case of Ram Sahodar vs. State of M.P. reported in 1985 MPLJ 722 wherein it has been held by the Division Bench that the Court cannot direct that accused not to be released during pendency of the case. In the instant case, no such order has been passed by the Court in the past. Therefore, the said pronouncement does not help the applicants. As far as ground of examination of two witnesses is concerned, as per the charge-sheet some important witnesses are remained to be produced by the prosecution yet.

Under the NDPS Act, Section 37 creates bar in grant of bail to the accused involved in the offence of involving commercial quantity of contraband substance until the Court has reason for believing that he is not 2 MCRC-22077-2021 guilty of such offence.

Since the Predecessor Bench of this Court has already considered the merits of the case and rejected the bail application as well as the applicants are resident of State of Rajasthan, there is possibility of their absconding, therefore, in view of the Section 37 of NDPS Act, I am not inclined to allow this successive bail application.

Accordingly, it is hereby rejected. However, the trial Court is directed to make all the endeavors towards conclusion of trial as expeditiously as possible within a period of six months.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

sp Digitally signed by SAVITRI PATEL Date: 2021.06.26 16:57:40 +05'30'