Madhya Pradesh High Court
Nasir vs The State Of Madhya Pradesh on 10 June, 2021
Author: Vivek Rusia
1 MCRC-8057-2021
The High Court Of Madhya Pradesh
MCRC-8057-2021
(NASIR Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 10-06-2021
Heard through Video Conferencing.
Shri Virendra Sharma, learned counsel for the applicant.
Shri Mukesh Sharma, learned Public Prosecutor for the
respondent/State.
This is fifth repeat application filed by the applicant under section 439
Cr.p.C seeking bail in connection with Crime No.380/2013 registered at
police station Nagda, District Ujjain for the offence punishable under Sections
302, 147, 148 & 149 of IPC.
Earlier applications of the applicant were dismissed on 01.05.2017,
01.11.2017, 21.02.2018 & 27.11.2019 passed in M.Cr.C. Nos.3353/2017,
17111/2017, 6257/2018 & 43669/2019.
Learned counsel for the applicant has submitted that the applicant is in
jail since 26.12.2014 and the trial has not been concluded so far. It is further
submitted that the only allegation against the applicant is that he caught hold
the deceased Juber and other accused persons have caused injury due to
which Juber died.
Vide order dated 04.05.2021, this Court has called the status report
from the trial Court. As per letter dated 10.05.2021 till 31.03.2021, only 16
witnesses have been examined including the Investigating Officer. The cross
examination of I.O. is pending and as per the opinion of the trial Court out of
38 witnesses most of the witnesses are formal witnesses and the star
witnesses have already been examined.
Learned counsel for the applicant fairly submitted that the witnesses
examined so far have fully supported the case of the prosecution. But looking
to the period of custody and delay in trial, the applicant is entitled for grant of
bail. He further submitted that applicant has strong criminal antecedents but
most of cases he has been acquitted and the copy of the judgments are on
2 MCRC-8057-2021
record.
Learned Public Prosecutor opposes the bail application and submitted
that the applicant is a hardened criminal and he has been implicated with the
aid of 324 of IPC, therefore he is liable to be punished under Section 304 of
IPC. There is no substantial progress in the trial and the star witnesses have
been examined including the Investigating officer and they are supporting the
prosecution case. I.O. has been examined and remaining witnesses are formal
witnesses and trial can be concluded after resumption of normal functioning
of the trial. Hence, no case for bail is made out. Accordingly, the application
is rejected.
(VIVEK RUSIA)
JUDGE
jyoti
JYOTI Digitally signed by JYOTI CHOURASIA
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH INDORE, ou=HIGH COURT OF MADHYA
PRADESH BENCH INDORE, postalCode=452001,
CHOURA
st=Madhya Pradesh,
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da09db33f42cc8a625ed7d358a468,
pseudonym=DD235A64806EF898F522FA1BA8AB1
1D420E2D0BA,
SIA
serialNumber=36D4B389A581D25921954281688E
C4A7486C42F95DE0D57E84D7D1724C92C2ED,
cn=JYOTI CHOURASIA
Date: 2021.06.11 18:21:50 +05'30'
