Arif @ Monu vs The State Of Madhya Pradesh
2021 Latest Caselaw 3485 MP

                                                                      1                              MCRC-32832-2021
                                            The High Court Of Madhya Pradesh
                                                      MCRC-32832-2021
                                                      (ARIF @ MONU Vs THE STATE OF MADHYA PRADESH)

                                    3
                                    Jabalpur, Dated : 20-07-2021
                                          Heard through Video Conferencing.
                                          Shri K.N. Fakhruddin, Advocate for the applicant.
                                          Shri Kishor Roy, P.L. for the respondent-State.

Heard.

This is the third application under Section 439 of the Cr.P.C. for grant

of bail to the applicant in connection with Crime No. 401/2007 registered at Police Station-Piplani, Distt.-Bhopal M.P. for the offences punishable under Sections 341, 302, 120-B, 34 of IPC and Sections 25 and 27 of the Arms Act. The applicant is in jail since 02.09.2007. Earlier two applications were dismissed on merit.

Learned counsel for the applicant submits that in the present case there are about 64 witnesses. Most of them have been examined. Few statements are still to be done. The trial is still going on and applicant is in jail since 02.09.2007. As per the latest guidelines and order passed by this Court, a

person who had remained in jail for considerable long period must be released on bail. The trial is still since long period and judgment is not yet delivered. There is no clinching material against the applicant-accused. On these ground, he prays for grant of bail to the applicant-accused.

Panel Lawyer for the State objected the prayer for the counsel for the applicant.

After hearing both the parties, looking to the facts and circumstance of the case and the status report dated 06.07.2021 received from learned 8th Additional District & Sessions Judge, Bhopal in which it is mentioned that the final arguments on behalf of applicants namely Sunil Bhadoriya, Rajesh Jain, Mukesh Jain and Rajendra Jain has been done but the final arguments on Signature Not Verified SAN behalf of applicants namely Arif, Mewalal & Jitendra is still remaining for

Digitally signed by PALLAVI SINHA Date: 2021.07.20 17:57:29 IST 2 MCRC-32832-2021 which the date was fixed on 14.07.2021, it appears that trial will be concluded shortly. Apart from this, earlier on 08.04.2015 and 16.03.2017, the bail applications of the applicant were dismissed on merit by the co-ordinate Bench of this Court.

So, in view of the aforesaid, I am of the opinion that no case for grant of bail to the applicant is made out, therefore, application stands dismissed.

It is expected that the Trial Court will expeditiously conclude the trial as early as possible.

M.Cr.C. stands disposed of.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

Pallavi

Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.07.20 17:57:29 IST