Girraj vs The State Of Madhya Pradesh
2021 Latest Caselaw 8409 MP

THE HIGH COURT OF MADHYA PRADESH MCRC.57712/2021 Girraj v. State of M.P.

Gwalior, Dated:07.12.2021

Shri Suraj Pratap Singh, Counsel for the applicant.

Shri C.P. Singh, Counsel for the State.

Case diary is available.

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

filed for grant of bail. Previous application was dismissed by order

dated 4.10.2021 passed in M.Cr.C. No. 49102/2021.

The applicant has been arrested on 28.01.2021 in connection

with Crime No.142/2020 registered at Police Station Chinore Distt.

Gwalior for offence under Sections 307, 456, 506/34 of IPC and

amendment Section 302 of IPC.

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

material witnesses have been examined and they have not supported

the prosecution case. Initially an objection was raised by the Counsel

for the State that prosecution witness Laxman has not been

examined, but it was submitted by Smt. Uma Kushwaha that she has

preferred Criminal Revision No. 2783/2021 for grant of bail to a

juvenile and in the said criminal revision she has also filed a copy of

the deposition sheet of Laxman and he too has not supported the

prosecution case.

A copy of the deposition of Laxman was shown to the Counsel

for the State and after going through the same, he conceded that at

THE HIGH COURT OF MADHYA PRADESH MCRC.57712/2021 Girraj v. State of M.P.

present all the material witnesses have been examined and there is no

circumstantial evidence against the applicant. However, it is further

submitted by the Counsel for the State that it appears that either

witnesses have given false information to the police or they have not

narrated the truth before the trial Court, therefore, they are liable to

be prosecuted for giving false evidence.

Heard the learned Counsel for the parties.

So far as the contention of the Counsel for State that witnesses

are required to be prosecuted for giving false evidence is concerned,

this Court is of the considered opinion that it is a matter which is to

be adjudicated by the trial Court at the time of final disposal of the

trial, therefore, it is directed that the trial Court while deciding the

case shall keep this aspect in mind and give a specific finding as to

whether prosecution of witnesses for giving false evidence is

desirable or not.

Considering the facts and circumstances of the case, without

commenting on the merits of the case, the application is allowed. It is

directed that the applicant be released on bail on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with

one surety in the like amount to the satisfaction of the Trial

Court/Committal Court to appear before the Court on the dates given

by the concerned Court.

THE HIGH COURT OF MADHYA PRADESH MCRC.57712/2021 Girraj v. State of M.P.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2021.12.07 15:18:49 +05'30'