Sumit Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 8240 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-56145-2021 Sumit Yadav Vs. State of MP

Gwalior, Dated : 04-12-2021

Shri Deepak Shrivastava, Counsel for the applicant.

Shri Abhishek Sharma, Counsel for the State.

Case Diary is available.

This third application under Section 439 of Cr.P.C. has been

filed for grant of bail. Second application of the applicant was

dismissed by order dated 24.09.2021 passed in M.Cr.C.

No.45857/2021 with liberty to revive the prayer after the examination

of all the material witnesses.

The applicant has been arrested on 01.03.2021 in connection

with Crime No.16/2021 registered by Police Station - Jigna Distt.

Datia for offence punishable under Sections 307, 294, 506/34 of IPC.

It is submitted by the counsel for the applicant that the material

witnesses including eyewitnesses have been examined and they have

not supported the prosecution case. There is no substantive evidence

against the applicant. The Trial is likely to take sufficiently long time

and there is no possibility of his absconding or tampering with the

prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that according to the prosecution

case, the applicant had caused a gunshot injury to the complainant

Krishnakant Jha. In the MLC, blackening and charring was found

THE HIGH COURT OF MADHYA PRADESH MCRC-56145-2021 Sumit Yadav Vs. State of MP

around the wound and wound of exit was also found. A fired bullet

was also recovered from the spot as well as one .315 bore country

made pistol along with one live cartridge has been seized from the

possession of the applicant. The applicant has a criminal history and

as many as 6 criminal cases have been registered against him. It is

further submitted that the seized articles have also been sent to FSL,

Sagar and in the light of the judgment passed by the Supreme Court

in the case of Hemudan Nanbha Gadhvi Vs. State of Gujarat

reported in (2019) 17 SCC 523, even if a witness turns hostile, still

the accused can be convicted on the basis of forensic/scientific

evidence.

Considering the nature of the injury sustained by the

complainant as well as the fact that fired bullet which has been

recovered from the spot as well as .315 bore pistol which has been

seized from the possession of the applicant have been sent to FSL,

Sagar and its report is awaited and in the light of the judgment passed

by the Supreme Court in the case of Hemudan Nanbha Gadhvi

(supra), no case is made out for grant of bail. However, liberty is

granted to revive the prayer after the receipt of FSL report.

With aforesaid liberty, the application is dismissed.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.12.04 15:19:48 +05'30'