Madhya Pradesh High Court
Girraj vs The State Of Madhya Pradesh on 10 September, 2015
M.Cr.C. No. 8968/2015 1
Girraj Vs. State of M.P.
10/09/2015
Shri Pawan Vijaywargiya, Advocate for the applicant.
Dr. (Smt.) Anjali Gyanani, Public Prosecutor for the
respondent/State.
Heard.
This is the third application for regular bail under Section 439 of the Cr.P.C. First and second applications were dismissed on merits on 02.02.2015 and 20.07.2015 respectively.
The applicant is in custody since 05.09.2014 in connection with Crime No. 406/2014 registered at Police Station Gwalior District Gwalior for the offences punishable under Sections 8/20 of NDPS Act.
It is alleged that on 05.09.2014 at about 08:40 PM, a tip was received from the informer that "Ganja" has been kept at co- accused Rani Shivhare's house. Police party raided the spot and found a white colour Honda Mobilio car, in which the applicant Girraj and Ballu were sitting. There were six bags of Ganja weighed 121.860 kgms, which were seized. Besides, from the house of co-accused Rani Shivhare, 21.200 kgms Ganja was seized. From the possession of the applicant, three mobile cell phones, Rs.1735/- and three ATM cards have been seized.
The applicant has come up with this third application on the ground that in similar cases M.Cr.C. No. 6912/2015 (Ghanshyam Ojha Vs. State) and M.Cr.C. No. 9338/2015 (Rajendra Mishra Vs. State) decided on 01.09.2015 and 08.09.2015 respectively, M.Cr.C. No. 8968/2015 2 regular bail has been granted. Therefore, present applicant is also entitled for the benefit of regular bail.
Learned Public Prosecutor for the State opposed the application vehemently and stated that the applicant's case is different.
In this case co-accused Rani Shivhare was granted regular bail for she was found in possession only 21.200 kg ganja including the gunny bags. Deducting the gunny bags weight, the ganja would be below 20 kg, which is not commercial quantity and it is stated that on the possession of the applicant Girraj and co-accused Ballu, Ganja weighing 121.860 kg were seized, which is more than commercial quantity.
In M.Cr.C. No. 6912/2015, 40 kg of Ganja was seized from Ghanshyam and the independent witnesses PW-1 and PW-2 Rashid and Shabbir did not support the prosecution case. Similarly in M.Cr.C. No.9338/2015, Rajendra Mishra was granted bail but the present case is different. Besides Smt. Sarla Lodhi lady constable has deposed in support of the prosecution. Similarly on this basis, whole prosecution case would be thrown away.
The applicant's case is not akin to the case of Rani Shivhare, Rajendra Mishra and Ghanshyam. Therefore, this application is hereby dismissed.
(S.K. Palo) Judge Abhi