Jitendra Choudhary vs The State Of Madhya Pradesh
2022 Latest Caselaw 1384 MP

            1                                  M.Cr.C.No. 56835-2021

  THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
                         M.Cr.C.No. 56835-2021

            ( Jitendra Choudhary vs. State of Madhya Pradesh)

Indore, Dated: 31.01.2022

      Shri Gaurav Panchal, learned counsel for the applicant.

      Shri Shashwat Seth, learned Panel Lawyer for the

respondent/State.

They are heard and also perused the record.

This is an application filed under Section 482 of the Cr.P.C.

by the applicant for relaxation of the condition as imposed in the

order dated 12.11.2021 in M.Cr.C.No.53750/2021 wherein while

granting the bail to the applicant it is directed as under :-

"As the case diary is not available, learned Judge of the trial court is requested to ensure before accepting the bail papers of the applicant, the criminal antecedents of the applicant, and if it is found that any case is registered against him, then this order shall automatically stand cancelled, without further reference to this Court."

Counsel for the applicant has submitted that the condition

was imposed as per the instructions received by the counsel for the

applicant no cases were registered against the applicant. However,

at the time of furnishing of the bail papers it has come to light that

one case under Section 8/20 of the N.D.P.S. Act was also

registered against the applicant at Crime No.467/2009 in which he

has already been convicted and has filed an appeal bearing

Criminal Appeal No.429/2013 before this Court in which the

sentence awarded to him has already been suspended.

Counsel has submitted that in the present case although it

relates to N.D.P.S. Act only but the contraband seized is 7 kg. of

Ganja(cannabis) which is less than the commercial quantity of 20

kg. and the applicant is in custody since 7.6.2021. Thus, it is

submitted that the aforesaid condition be relaxed and the applicant

be released on bail.

Counsel for the respondent / State, on the other hand, has

opposed the prayer.

On due consideration of the rival submissions and on perusal

of the record, it is apparent that the applicant has already been

convicted under Section 8/20 of the NDPS Act for two years

rigorous imprisonment with default clause vide judgment dated

19.3.2013 passed in Special Case No.29/2009 and against the

aforesaid judgment he has already preferred Criminal Appeal

429/2013 in which the sentence has been suspended on 4.7.2013

and he has already been granted bail.

It is apparent that while on bail in the aforesaid criminal

appeal the appellant/applicant has clearly misused the liberty so

extended to him and has again indulged in the same offence under

the NDPS Act. In such circumstances, in the considered opinion of

this Court, the applicant does not deserve any leniency as he has

not learnt any lesson from his earlier conviction.

In view of the same, the present M.Cr.C. stands dismissed as

devoid of merits.

Certified copy, as per rules.

(SUBODH ABHYANKAR ) JUDGE moni

Digitally signed by MONI RAJU Date: 2022.02.01 11:42:07 +05'30'