Ashok @ Ashoka vs The State Of Madhya Pradesh
2022 Latest Caselaw 6410 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.21236/2022 (ASHOK @ ASHOKA VS. STATE OF M.P.)

Gwalior, Dated : 28/04/2022

Shri Ravi Dwivedi, learned counsel for the applicant.

Shri P.P.S.Vajeeta, learned counsel for the State.

Case diary is available.

This fourth repeat application under Section 439 of Cr.P.C.

has been filed for grant of bail. Third bail application of the

applicant was dismissed by order dated 16/03/2022 passed in

MCRC No.13013/2022.

The applicant has been arrested on 29/12/2021 in connection

with Crime No.810/2021 registered at Police Station Thatipur,

District Gwalior for offence under Section 8/20 of NDPS Act.

It is submitted by the counsel for the applicant that the

previous bail application was dismissed with liberty to revive the

prayer after undergoing some reasonable period of detention.

According to the prosecution case, 2.5 kg of Ganja was seized from

the possession of the applicant. He is in jail from 29/12/2021. In view

of the criminal antecedents, he is ready and willing to abide by any

stringent condition, which may be imposed by this Court. The Trial is

likely to take sufficiently long time and there is no possibility of his

absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

THE HIGH COURT OF MADHYA PRADESH MCRC No.21236/2022 (ASHOK @ ASHOKA VS. STATE OF M.P.)

counsel for the State. It is submitted that the applicant has a criminal

history and as many as 8 more criminal cases have been registered

against the applicant, out of which 2 offences were registered under

Section 34 of M.P. Excise Act and one offence was registered under

Section 49(A) of M.P. Excise Act, one offence was registered under

Section 4(A) of Satta Act whereas one offence was registered under

Section 13 of Jua Act. Another offence was registered under Sections

323, 294, 506 and 34 of IPC and offence under Sections 323, 294,

506 and 34 of IPC, which was registered in the year 2017, the

applicant was acquitted whereas in Crime No.285/2016 and Crime

No.294/2019 registered under Section 34 of M.P. Excise Act and

Section 13 of Jua Act respectively, he has been convicted whereas

other offences are pending. One another offence has been registered

under Sections 147, 148, 336, 324, 294, 427 and 506 of IPC.

Considering the total quantity of Ganja seized from the

possession of the applicant as well as period of detention as well as

in the light of criminal antecedents of the applicant, this Court is of

the considered opinion that he can be released only on stringent

condition of furnishing cash surety. The application is allowed. It is

directed that the applicant shall be released on bail on furnishing cash

surety of Rs.1,00,000/- (Rupees One Lac) to the satisfaction of the

Trial Court/Committal Court to appear before the Court on the dates

THE HIGH COURT OF MADHYA PRADESH MCRC No.21236/2022 (ASHOK @ ASHOKA VS. STATE OF M.P.)

given by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

It is made clear that single default in appearance before the

Trial Court, or in case of registration of new offence, this bail order

shall automatically come to an end and the cash surety so furnished

by the applicant shall automatically stand forfeited without any

reference to the Court.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                                     (G.S. Ahluwalia)
Pj'S/-                                                                     Judge

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2022.04.28
         15:14:24 -07'00'