Jeet Ram vs State Of Haryana
2024 Latest Caselaw 6109 P&H

Punjab-Haryana High Court

Jeet Ram vs State Of Haryana on 18 March, 2024

Author: Jasgurpreet Singh Puri

Bench: Jasgurpreet Singh Puri

                                   Neutral Citation No:=2024:PHHC:039662


CRM-M-13928-2024(O&M)                          -1-   2024:PHHC:039662


                          101
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                           CRM-M-13928-2024(O&M)
                                           Date of Decision: 18.03.2024


Jeet Ram
                                                                  ....Petitioner

                                    Versus

State of Haryana
                                                                .....Respondent

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI

Present:    Mr. S.K. Garg Narwana, Senior Advocate with
            Mr. Jaideep Verma, Advocate, for the petitioner.

                         ****

JASGURPREET SINGH PURI, J. (Oral)

1. The present is a second petition filed under Section 438 of the

Code of Criminal Procedure for grant of anticipatory bail to the petitioner in

FIR No.37 dated 18.01.2022, under Section 18 of NDPS Act (Sections 27A

and 29 of NDPS Act added later on), registered at Police Station Thanesar

Sadar, District Kurukshetra.

2. Learned Senior Counsel for the petitioner has argued that

although the earlier bail petition was dismissed on merits but there were

some documents which were not in possession of the petitioner which can

now be considered at this stage. He also submitted that the aforesaid order

by which the anticipatory bail petition was dismissed by this Court was

assailed by the petitioner before the Hon'ble Supreme Court and vide

Annexure P-5, the SLP was also dismissed.

3. I have heard the learned Senior Counsel for the petitioner.

1 of 2

Neutral Citation No:=2024:PHHC:039662

CRM-M-13928-2024(O&M) -2- 2024:PHHC:039662

4. The petitioner had earlier filed a petition for anticipatory bail

which was dismissed by this Court vide Annexure P-4 on 25.02.2022 by

passing a detailed order on merits. The Hon'ble Supreme Court in G.R.

Ananda Babu Versus State of Tamil Nadu and another [2021(1) RCR

(Criminal) 843] has held that once the High Court has dismissed the bail

petition on merits, then unless there are exceptional circumstances the High

Court should not consider the bail petition on merits. The relevant portion

of the aforesaid judgment is reproduced as under:-

"7. As a matter of fact, successive anticipatory bail applications ought not to be entertained and more so, when the case diary and the status report, clearly indicated that the accused (respondent No. 2) is absconding and not cooperating with the investigation. The specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by the same Judge".

6. This Court is of the view that the learned Senior Counsel for

the petitioner has not been able to make out any case for falling under the

exceptional category and since the earlier bail petition was dismissed on

merits, this Court does not deem it fit and proper to interfere in the present

petition and the same is hereby dismissed.

18.03.2024                          (JASGURPREET SINGH PURI)
rakesh                                        JUDGE
         Whether speaking                     :         Yes/No
         Whether reportable                   :         Yes/No




                                     2 of 2