Ramkishan Ahirwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 8480 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 59487/2021
     (RAMKISHAN AHIRWAR Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 08/12/2021

      Shri Pushpendra Bhargava, Counsel for applicant.

      Shri C.P. Singh, Counsel for State.

      Case diary is available.

      This is second application filed under Section 439 of Cr.P.C.

for grant of bail. The first bail application was dismissed by order

dated 20.09.2021 passed in M.Cr.C. No.45428/2021 as withdrawn.

      The applicant has been arrested on 12.5.2021 in connection

with Crime No.163/2021 registered at Police Station Mungawali,

District Ashoknagar for offence under Sections 302, 201 of IPC.

      It is submitted by Counsel for the applicant that the material

witnesses have turned hostile and at present 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 prosecution case.

      Per contra, the application is vehemently opposed by Counsel

for the respondent/State. However, after going through the

depositions sheets of witnesses, it is fairly conceded that all the

material witnesses have turned hostile. It is submitted that either the

witnesses had lodged false report or they have not narrated the correct

facts before the Court. Therefore, they are liable to be prosecuted.

Heard the learned counsel for the parties.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 59487/2021 (RAMKISHAN AHIRWAR Vs THE STATE OF MADHYA PRADESH)

So far as the question of prosecution of witnesses is concerned,

this aspect is to be considered by the Trial Court. Therefore, it is

directed that while deciding the trial, the Trial Court shall consider as

to whether the prosecution of witnesses is desirable or not.

Considering the facts and circumstances of the case and

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 Only) 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.

This order shall remain effective till the end of the 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 & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2021.12.08 17:43:59 +05'30'