Omkar Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 16342 MP

                                                               1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                          BEFORE
                                            HON'BLE SHRI JUSTICE VISHAL MISHRA
                                               ON THE 9 th OF DECEMBER, 2022
                                            MISC. CRIMINAL CASE No. 53371 of 2022

                           BETWEEN:-
                           OMKAR PATEL S/O VEERAN PATEL, AGED ABOUT 38
                           YEARS, OCCUPATION: LABOUR R/O VILLAGE REHLI
                           P.S. GOTEGAON, DISTRICT NARSINGHPUR (MADHYA
                           PRADESH)

                                                                                                .....APPLICANT
                           (BY SHRI RAJESH KUMAR YADAV - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION   GOTEGAON   DISTRICT  NARSINGHPUR
                           (MADHYA PRADESH)

                                                                                           .....RESPONDENT
                           (BY SHRI ANIL UPADHYAYA - PANEL LAWYER)

                                 This application coming on for admission this day, th e Court passed
                           the following:
                                                                ORDER

This is fifth bail application filed under Section 439 of Cr.P.C. on behalf of applicant. His earlier bail application was dismissed on merit.

Applicant is in custody since 24.09.2021 in connection with Crime No.633/2021, registered at Police Station - Gotegaon, District Narsinghpur (M.P.) for the offence punishable under Sections 8/20 of NDPS Act.

This repeat application has been filed on the ground that there is no progress in the trial and despite the several opportunities, the witnesses are not turning up to depose before the trial Court. Only 8 gram contraband has been Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 12/12/2022 11:31:30 AM

recovered from the possession of the present applicant. As far as criminal past is concerned, he has placed reliance upon a judgment of Hon'ble Supreme Court in the case of Prabhakar Tiwari Vs. State of Uttar Pradesh reported in (2020) 11 SCC 648 and prays for grant of bail contending that the criminal antecedents cannot be considered at the time of consideration of bail application. The applicant is in custody since 24.09.2021. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the bail application. On these grounds, he has prayed for grant of bail.

Per contra, learned Panel Lawyer appearing for State has vehemently

opposed the contentions stating that the applicant is a history sheetor having registered 24 cases against him, including three cases of NDPS Act, 5-6 cases under the Excise Act and despite being enlarge on bail in one offence, he is regularly committing another offence. He has been punished by imposing fines in certain occasions, but he is continuously committing the offences. The ground of custody period cannot be considered for grant of bail in such matters. He has prayed for rejection of the application.

Considering the overall facts and circumstances of the case, this Court does not deem it appropriate to allow the application at this stage.

The application is accordingly rejected.

(VISHAL MISHRA) JUDGE sj

Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 12/12/2022 11:31:30 AM