Laxmi Bai vs The State Of Madhya Pradesh
2022 Latest Caselaw 16925 MP

                                                              1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                          BEFORE
                                            HON'BLE SHRI JUSTICE VISHAL MISHRA
                                               ON THE 20 th OF DECEMBER, 2022
                                            MISC. CRIMINAL CASE No. 58732 of 2022

                           BETWEEN:-
                           LAXMI BAI W/O LATE NANDRAM, AGED ABOUT 60
                           YEARS, OCCUPATION: HOUSE WIFE, BLOCK 118, FLAT
                           NO. G-5, P.C. NAGAR GADDHA NAGAR NIGAM, MULTI
                           HABIBGANJ BHOPAL P.S. HABIBGANJ, DISTRICT
                           BHOPAL (M.P.)

                                                                                           .....PETITIONER
                           (BY SHRI PRAMENDRA SINGH - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION HABIBGANJ BHOPAL (M.P.)

                                                                                         .....RESPONDENT
                           (BY SHRI PRAMOD THAKRE - GOVERNMENT ADVOCATE)

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

This is the seventh bail application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. Earlier bail application was dismissed on merits vide order dated 19.4.2022 passed in M.Cr.C.No.16835/2022.

T h e applicant has been arrested on 16.09.2021 by Police Station Habibganj, District Bhopal in connection with Crime No.631/2021 for the offence punishable under Sections 8/20 of N.D.P.S. Act.

This repeat application has been filed on the ground that the statements o f independent witnesses have been recorded before the trial Court and they Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 12/22/2022 1:41:54 PM

have not supported the prosecution case but they have admitted their signatures on the documents. Certain medical documents are produced before the Court that she is suffering from eye disease. It is submitted that the recovery of contraband which is shown is 3 KG 600 grams which is lightly above the commercial quantity. The applicant is a lady aged about 60 years and is in custody since 16.09.2021. It is submitted that looking to the custody period and a g e of the present applicant coupled with the fact that she is lady, the application be allowed. Heavy reliance is place upon Section 437 of Cr.P.C. which entitles Magistrate to grant bail to a female.

Per contra, counsel appearing for the State has vehemently opposed the

prayer stating that commercial quantity of contraband article has been recovered from the possession of the present applicant. Earlier application was rejected on merit. There is no delay in the trial. She is having a criminal antecedents of five cases including the present case out of which three cases under the N.D.P.S. Act. He has prayed for rejection of the bail.

At this stage, counsel for the applicant submitted that in one of the cases she has been acquitted and in other case she has been enlarged on bail. She has relied 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.

Considering the overall facts and circumstances of the case, and the fact that she is a habitual offender and three cases are registered under the NDPS Act, no case for grant of bail is made out.

The application is hereby rejected.

Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 12/22/2022 1:41:54 PM

(VISHAL MISHRA) JUDGE irfan

Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 12/22/2022 1:41:54 PM