Rajesh @ Raja vs State Of Haryana
2022 Latest Caselaw 1395 P&H

CRM-M-1276 of 2022                                            {1}


            IN THE HIGH COURT OF PUNJAB & HARYANA
                       AT CHANDIGARH


225                                        CRM-M-1276 of 2022
                                           Date of decision:09.03.2022


Rajesh @ Raja                                          ... Petitioner

                            Vs.


State of Haryana                                       ... Respondent


CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:-     Mr. Sandeep Kotla, Advocate
              for the petitioner.

              Ms. Deepshikha Chauhan, AAG, Haryana.

SUVIR SEHGAL, J. (Oral)

This is the second petition filed under Section 439 Cr.P.C

seeking grant of regular bail to the petitioner in case FIR No.157 dated

21.08.2020 registered under Sections 22(c), 27-A of Narcotic Drugs and

Psychotropic Substances Act, 1985 at Police Station Bhattu Kalan, District

Fatehabad (Annexure P-1). The first petition (CRM-M-9610 of 2021) filed

by the petitioner was dismissed by this Court by detailed order passed on

21.09.2021.

Custody certificate dated 08.03.2022 and status report by way

of an affidavit of Deputy Superintendent of Police (Traffic), Fatehabad have

been filed on behalf of the respondent-State, which are taken on record.

Heard counsel for the parties.

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 CRM-M-1276 of 2022                                       {2}

There is no change in the circumstances or in the fact-situation

in the last five months nor has it been pointed out by counsel for the

petitioner during the course of arguments. Merely because a co-accused has

been granted regular bail does not amount to change in the circumstances.

In such a scenario filing of subsequent petition would be

deemed to be seeking review of the earlier judgment, which is not

permissible in criminal law as has been held by the Hon'ble Supreme Court

in Hari Singh Mann Vs. Harbhajan Singh Bajwa (2001) 1 SCC 169;

State of Madhya Pradesh Vs. Kajad, 2001 SCC (Criminal) 1520 and

State of Maharashtra Vs. Capt.Buddhikota Subha Rao 1989 Supl. (2)

SCC 605.

Accordingly, the second petition is dismissed.

                                              (SUVIR SEHGAL)
March 09, 2022                                    JUDGE
savita

Whether Speaking/Reasoned                                    Yes
Whether Reportable                                       Yes/No




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