Gudiyabai @ Laxmibai vs The State Of Madhya Pradesh
2021 Latest Caselaw 2892 MP

                               1
          THE HIGH COURT OF MADHYA PRADESH
                      M.Cr.C. 31898/2021
            Gudiyabai alias Laxmi Bai v. State of M.P.

                    Through Video Conferencing.

Gwalior, Dated :01.07.2021

       Shri Prasoon Maheshwari Counsel for the applicant.

       Shri Lokendra Shrivastava, Counsel for the State.

       Case diary is available.

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

grant of bail. Previous bail application was dismissed by order dated

19.4.2021

passed in M.Cr.C. No. 19892/2021.

The applicant has been arrested on 10.06.2019 in connection

with Crime No.238/2016 registered by Police Station Isagarh Distt.

Ashoknagar for offence punishable under Sections 307, 302, 34 of

IPC.

it is submitted by Counsel for the applicant that although the

offence was committed in the year 2016 and the applicant has

surrendered on 10.06.2019, but in the meanwhile, the trial court has

dis-believed the dying declaration of the deceased and has acquitted

co-accused Kanhaiya Lal by judgment dated 10.01.2019. It is further

submitted that the applicant is languishing in jail for the last more

than two years and only seven witnesses have been examined so far,

and the witnesses are not turning up.

Per contra, the application is vehemently opposed by the

Counsel for the State. It is submitted that so far as evidence and the

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. 31898/2021 Gudiyabai alias Laxmi Bai v. State of M.P.

judgment passed in the case of co-accused is concerned, since the

applicant was absconding, therefore, she cannot take advantage of the

same. Further some time was consumed because of suspension of

normal Court functioning in the wake of Covid-19 Pandemic. It is

also submitted that S.S.P., Ashoknagar shall ensure that

summons/bailable warrants/warrants of arrest are executed without

any default.

Considering the totality of facts and circumstances of the case,

coupled with undertaking given by the Counsel for the applicant, no

case is made out for bail.

The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2021.07.02 11:37:12 +05'30'