The High Court Of Madhya Pradesh (PRAMOD TIWARI @ ROHIT Vs THE STATE OF MADHYA PRADESH)

14-08-2019 Jabalpur, Dated :

Shri Prakash Upadhyay, learned counsel for the applicant.

Shri Rajesh Tiwari, learned Govt. Advocate for the respondent/State.

Case dairy perused and argument heard.

This is third bail application for grant of bail filed under Section 439 of the Cr.P.C. by applicant. Applicant Pramod Tiwari @ Rohit Tiwari was arrested on 03/08/2018 in connection with Crime No.258/2018 registered at Police Station Raipur Karchuliyan, District Rewa for the offences punishable under Sections 8/20 of the NDPS Act and Section 120-B, 34 of the IPC.

The first bail application of the applicant has been dismissed as withdrawn by this Court vide order dated 19.12.2018 passed in M.Cr.C.37479/2018 and second bail application has been dismissed on merits vide order dated 08.02.2019 in M.Cr.C.No.1896/2019.

As per the prosecution case on 02/08/2018 on the information of the informant that ganja was illegal being transported in a truck bearing registration No.CG/04-JD/4888 from Raipur, D.P. Singh Chouhan, Station House Officer, Police Station Raipur Karchuliyan, District Rewa along with other members of police force went to village Bhati, where they saw that the truck bearing registration No.CG/04-JD/4888 and one Scorpio jeep bearing registration No.MP/17-CA/1453 were standing and some packets of ganja was being loaded from the said truck to the Scorpio jeep. On that, he arrested applicant Pramod Tiwari @ Rohit Tiwari, who was sitting in the said Scorpio jeep and co-accused Mukesh Kumar Chaturvedi driver of the said truck and Jay Prakash Gond cleaner of the truck and also seized 26 Kg. Ganja from the Scorpio jeep bearing registration No.MP/17-CA/1453 and 24 Kg. ganja from the truck bearing registration No.CG/04-JD/4888.

Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the matter. In the medical report and arrest memo of the applicant, it is mentioned that the applicant sustained injuries, while in the FIR it is not mentioned that how the applicant sustained injuries at the time of the incident. On the contrary, it is mentioned that the applicant was sitting in the Scorpio jeep and Police arrested the applicant from that Scorpio jeep, which creates doubt on the prosecution story. The health condition of the applicant is not good. The applicant is in custody since 03/08/2018 and conclusion of the trial will take considerable time. On the aforesaid grounds learned counsel prayed that the applicant is released on bail.

On the other hand learned counsel for the State opposed the prayer stating that the Police seized 26 Kg. Ganja from the scorpio jeep bearing registration No.MP/17-CA/1453, in which applicant was sitting and at the time of incident that Ganja was being loaded from the truck bearing registration No.CG/04-JD/4888 to the said jeep, so he should not be released on bail.

Earlier one bail application of the applicant has been rejected on merit by this Court vide order dated 08.02.2019 passed in M.Cr.C.No.1896/2019, thereafter there is no change in circumstances except the period of detention. The 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, cannot 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 the facts and circumstances of the case and the allega