HP HC | Releasing a second time offender on bail sends a wrong message to the society; Court denies bail

Himachal Pradesh High Court: Ajay Mohan Goel, J., dismissed a petition seeking bail as the petitioner was a second-time offender and the possibility of him indulging in such similar offences could not be ruled out.  

In the present matter, the petitioner sought bail considering the fact that only 200 grams of charas was recovered from him, which formed the basis of the FIR. Here, the petitioners through counsel, Sheetal Vyas, submitted that since the amount in possession was less, therefore he may be released on bail. They placed reliance on Maulana Mohd. Amir Rashadi v. State of U.P., (2012) 2 SCC 382. Although, Dinesh Thakur, AAG with Amit Kumar Dhumal, DAG, counsels for the respondents, vehemently objected the grant of bail as the petitioner already stood convicted under the provisions of NDPS Act for possession of charas weighing 107 kgs. Also, the sentence imposed upon him was of more than 10 years.

The Court considering the facts and the pieces of evidence was of the view that taking into consideration the history of the petitioner, the possibility that he may again indulge in such similar offences cannot be ruled out. And held the reliance so placed on the case to be “totally misplaced” as the case was very different from the facts at hand, where in the present case the petitioner already stood convicted. Hence the petition stood dismissed.[Chande Ram v. State of HP, 2019 SCC OnLine HP 859, decided on 24-06-2019]

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