Maya Bai vs The State Of Madhya Pradesh
2022 Latest Caselaw 5512 MP

                                                                            1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                     BEFORE
                                                       HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                               ON THE 18th OF APRIL, 2022

                                                    MISC. CRIMINAL CASE No. 18204 of 2022

                                        Between:-
                                        MAYA BAI W/O GUDDU , AGED ABOUT 55 YEARS,
                                        OCCUPATION: HOUSEWIFE R/O GWALBABA, NALA
                                        MOHALLA,   ITARSI   TEHSIL  ITARSI, DISTRICT
                                        HOSHANGABAD (MP) (MADHYA PRADESH)

                                                                                                           .....APPLICANT
                                        (BY SHRI A.K.JAIN, ADVOCATE )

                                        AND

                                        THE STATE OF MADHYA PRADESH THROUGH POLICE
                                        STATION ITARSI DISTRICT HOSHANGBAD M.P. (MADHYA
                                        PRADESH)

                                                                                                        .....RESPONDENTS
                                        (BY SHRI DARSHAN SONI, GOVT. ADVOCATE)

                                     This application coming on for admission this day, the court passed the following:
                                                                        ORDER

This is the fourth bail application under Section 439 of Cr.P.C. filed by the applicant for grant of bail.

Earlier bail applications were dismissed as withdrawn vide order dated 30.11.2021 passed in M.Cr.C.No.51636/2021, vide order dated 16.02.2022 passed in M.Cr.C.No.8231/2022 and vide order dated 12.01.2022 passed in M.Cr.C.No.1471/2022.

T h e applicant has been arrested on 27.09.2021 by Police Station Itarsi District Hoshangabad in connection with Crime No.829/2021 for the offence punishable under Sections 8 R/w 20 of N.D.P.S. Act.

I t is argued by the counsel for the applicant that the applicant has been falsely implicated in the case and has not committed any offence in any manner. It is submitted that 2.10 Kg of contraband 'Ganja' has been recovered from the possession of the present applicant which is just more than the minimum quantity does not fall under the commercial quantity. He in custody since 27.09.2021 almost for more than seven months. As far as the

Signature Not Verified criminal cases are concerned, the prosecution has shown criminal history of 10 cases against SAN

the present applicant but he has placed reliance upon the judgment passed by the Hon'ble Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.04.20 17:26:29 IST

Supreme Court in the case of Prabhakar Tiwari Vs. State of Uttar Pradesh reported in

(2020) 11 SCC 648 wherein the criminal antecedents should not be taken into consideration while deciding the bail application. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his application for grant of bail. On these grounds, he has prayed for grant of bail to the applicant.

Per contra, counsel appearing for the State has vehemently opposed the prayer stating that he is a history-sheeter having 10 criminal cases registered against him including three cases of NDPS Act, wherein after getting enlarged on bail, he has regularly committing the offences. The recovery is from the present applicant. No justification has been given by him that why he was in possession of contraband article. As far as judgment of Prabhakar Tiwari (supra) is concerned, it was a case of cancellation of bail and the Hon'ble Supreme Court has held that the High Court has discretion in granting bail to the accused upon considering the relevant materials. No such specific observation has been made by the Hon'ble Supreme Court regarding non-consideration of the criminal antecedents. As he is a history sheeter having three other cases under the NDPS Act registered against him, coupled with the fact that there is no order sheet of the Trial Court in those cases showing his acquittal in the aforesaid cases, he has prayed for rejection of the application.

The Hon'ble Supreme Court in the case of Prabhakar Tiwari (supra) which was a case of cancellation of bail has considered the aspect that the offence alleged no doubt is grave and serious and there are several criminal cases pending against the accused. These factors by themselves cannot be the basis for refusal of prayer for bail. The High Court has exercised its jurisdiction in granting bail to the accused Vikram Singh upon considering the relevant materials. No error has been shown by the appellant in the order has been shown by the appellant which could establish exercise of such discretion to be improper, therefore, the appeal was dismissed.

From the perusal of the aforesaid, it is apparently clear that there is no specific direction or observation made by the Hon'ble Supreme Court that the criminal antecedents cannot be considered for grant of bail, that is the total discretion upon this Court to consider the relevant aspects and if found fit the application be allowed, but the fact remains that the present applicant is habitual offender under the NDPS Act having three more cases Signature Not Verified SAN registered against him.

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.04.20 17:26:29 IST In such circumstances, no case for grant of bail is made out.

Accordingly, the application is hereby rejected.

(VISHAL MISHRA) JUDGE AM

Signature Not Verified SAN

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.04.20 17:26:29 IST