Shankar Patel vs State Of Madhya Pradesh

This is fourth bail application filed by the applicant under Section 439 of Cr.P.C. Applicant Shankar Patel was arrested on 09/06/2017 in Crime No.189/2017 registered at Police Station Surkhi, District Sagar (M.P.) for the offence punishable under Sections 8/20 of NDPS Act.

The first bail application of the applicant has been dismissed on merit by this Court vide order dated 27/8/2018 passed in M.Cr.C.No.29176/2017 and  the second  and  third  bail applications  of the applicant have been dismissed as withdrawn with the direction to the trial Court to expedite the trial and  dispose  of  the  case  as  early as  possible by this Court vide orders  dated 22/4/2019 and 31/1/2020 passed in M.Cr.C.Nos.5592/2019 & 32123/2019 respectively.

As per prosecution case, on 08.06.2017 on information of informant, police intercepted the white coloured Swift Dzire car bearing  registration No. MP-15-CA-9431  which  was being driven by applicant Shankar and co-accused Anees was also sitting in the car. Police also seized 149.285 kgs of Ganja from that car which was illegally being carried by the applicant and co-accused Anees in the car.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. He further submitted that the co-accused Ajay Thakur has already been granted bail by the coordinate Bench of this Court vide order dated 19/12/2017 in M.Cr.C.No.No.19021/2017. The applicant has been in custody since 09/06/2017 and the trial is still pending, hence prayed for release of the applicant on bail.

Learned counsel for the respondent/State opposed the prayer and submitted that police seized 149.285 Kgs of Ganja from the possession of applicant which comes under the commercial quantity, so looking to the provisions of Section 37 of NDPS Act, he should not be released on bail.

The first bail application of the applicant has been dismissed on merit by this Court vide order dated 27/8/2018 passed in M.Cr.C.No.29176/2017 and the second and third bail applications of the applicant have been dismissed as withdrawn and since then there is no change in circumstance except custody period of the applicant. But, only on that ground applicant is not entitled to get bail. Hon'ble Apex Court in the case of Rajesh Ranjan Yadav alias Pappu Yadav v. CBI Through its Director reported in (2007) 1 SCC 70 held that bail, can not be granted solely on the ground of long incarnation in jail and inability of accused to conduct the defence. Apex court in the case of State of M.P. v. Kajad, (2001) 7 SCC 673 observed “It is true that successive bail applications are permissible under the changed circumstances. But without the change in the circumstances, the second application would be deemed to be seeking review of the earlier judgment which is not permissible under criminal law as has been held by this Court in Hari Singh Mann v. Harbhajan Singh Bajwa [(2001) 1 SCC 169 : 2001 SCC (Cri) 113] and various other judgments.

So looking to fact and circumstances of the case and as to the fact, that police seized 149.285 Kgs. of ganja from the possession of applicant which was being illegally carried by him in Swift Dzire Car bearing registration No.MP-15-CA-9431 and the provisions of Section 37 of NDPS Act, this Court is not inclined to grant bail to the applicant.

Accordingly, this bail application is rejected.