Smt. Kashi Bai vs The State Of Madhya Pradesh
2021 Latest Caselaw 2967 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.32862/2021 (SMT. KASHI BAI Vs THE STATE OF MADHYA PRADESH)

Through Video Conferencing

Gwalior, Dated : 05-07-2021

Shri S.S. Dhakad, Counsel for the applicant.

Shri Alok Sharma, Counsel for the State.

Case diary is available.

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

filed for grant of bail. The fourth bail application was dismissed by

order dated 07.01.2021 passed in M.Cr.C. No.50617/2020.

The applicant has been arrested on 16.04.2018 in connection

with Crime No.88/2018 registered at Police Station Joura Distt.

Morena for offence under Sections 302, 498-A, 34 of IPC.

The previous bail application of the applicant has already been

rejected in the light of dying declaration of the deceased that she was

burnt alive by the applicant.

It is submitted by counsel for applicant that applicant is in jail

since 16.04.2018 i.e. from more than three years and there is no

substantive progress in the trial.

Heard learned counsel for the parties.

So far as the merits of the case are concerned, in view of the

dying declaration of the deceased, the bail applications of the

applicant have already been dismissed on merits on several

occasions.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.32862/2021 (SMT. KASHI BAI Vs THE STATE OF MADHYA PRADESH)

Accordingly, no case is made out for grant of bail on merits of

case.

However, the applicant is in jail since 16.04.2018. The speedy

trial is a fundamental right of an accused and order sheets of the trial

Court indicate that the Government witnesses are not appearing or

their warrants/summons are being returned back by the concerning

Police Station.

Accordingly Superintendent of Police, Morena is directed to

personally monitor the execution of the summons/warrants/bailable

warrants issued against witnesses. It would not be appropriate on the

part of SHO, Police Station Jaura, district Morena to return the

summons/ warrant/bailable warrant merely by saying that they have

remained unserved. Every time if any summon/bailable

warrant/warrant remains unserved then, it shall be forwarded to the

trial Court along-with the covering letter of Superintendent of Police

Morena clarifying the reasons for non-service of summons/

warrants/bailable warrants.

The Superintendent of Police, Morena is reminded of

fundamental right of the accused that he cannot be kept in jail at the

mercy of prosecution witnesses by not appearing before the trial

Court. The trial court is also directed to conclude the trial within a

period of nine months from today.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.32862/2021 (SMT. KASHI BAI Vs THE STATE OF MADHYA PRADESH)

It is made clear that in the light of judgment passed by the

Supreme Court in the case of Ankit Maheshwari @ Chintoo Vs.

State of M.P. by order dated 14/08/2020 passed in SLP (CRL.)

No.11315/2019 as well as administrative order issued by the

Principal Seat of this Court, the trial shall not be kept in abeyance on

account of any administrative order of the Registry. Further, the trial

Court is directed not to grant any adjournment beyond the period of

15 days.

The applicant is directed to submit a copy of this order to the

trial Court for necessary information and compliance.

Shri Alok Sharma, Counsel for the State is directed to

communicate this order to the Superintendent of Police, Morena for

necessary information and compliance.

Registry is directed to send copy of this order to

Superintendent of Police, Morena for necessary information and

compliance.

With aforesaid observations, the application is finally

disposed of.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2021.07.06 18:23:45 +05'30'