Vishal Dimlani vs The State Of Madhya Pradesh
2022 Latest Caselaw 3086 MP

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                                                                  MCrC-663-2022


          THE HIGH COURT OF MADHYA PRADESH
                          MCrC No.663 of 2022
                (Vishal Dimlani vs The State of Madhya Pradesh)

Jabalpur, Dated 04-03-2021.
        Shri Ghanshyam Pandey, counsel for the petitioner.
        Shri Nagendra Singh Solanki, Panel Lawyer for the
respondent/State.
        As prayed for, I.A. No.3626/2022, which is an application
for ignoring the default, is dismissed as not pressed.
2.      Arguments heard on the merits of the present bail petition.
                                 ORDER

Crime No. Under section Police Station Arrest Date 459/2021 34(2) of M.P. G.R.P. 15.10.2021 Excise Act, 1915 Distt. Bhopal

3. As declared by the petitioner/accused, this is the second bail petition under Section 439 of Cr.P.C, filed on 04.01.2022. The first application has been dismissed on merits vide order dated 29.11.2021 passed in MCrC No.56016/2021.

4. Just after about a month of dismissal of first application on merits, the petitioner has again filed this petition.

5. Heard the parties at length.

6. Since the first petition of the petitioner has been dismissed on merits also considering his criminal antecedents, the non- reportable judgment of the Hon'ble Supreme Court of India in Criminal Appeal No.153/2020 titled Prabhakar Tewari vs State of U.P. decided on 24.01.2020 is not helpful to the petitioner.

7. Moreover, bail petition of co-accused Vaquar has been decided on the same day when bail petition of present petitioner has been dismissed i.e. on 29.11.2021, therefore, it cannot be said that parity has not been considered by this Court.

MCrC-663-2022

8. The explanation furnished by the petitioner regarding earlier criminal record in Para 6(g) of the bail petition, reads thus :

"g) That the applicant is acquitted in 2 cases by trial Court. Copy of judgment is filed herewith as Annexure A-4. It is pertinent to mention here one case registered in connection of Crime No.4/2016 is 41(1-4) of CrPC. It was merged in Crime No.342/16 and another case pertaining to Crime No.111/14 is accident case under Section 279, 337 of IPC. Copy of judgment is filed herewith as Annexure A-4."

9. The judgment placed on record by the petitioner at Annexure A/4 pertains to Crime No.742/2016 and nowhere indicates that the petitioner has been acquitted in that case. No other judgment of acquittal is placed on record. Therefore, the said explanation is misconceived.

10. No material change in circumstance could be pointed out by the ld. counsel for the petitioner. Therefore, no ground for taking a different view than taken earlier is made out. Resultantly, the petition stands dismissed.

(Virender Singh) JUDGE vinod Digitally signed by VINOD VISHWAKARMA Date: 2022.03.08 10:20:37 +05'30'