Pawan Koushal vs The State Of Madhya Pradesh
2021 Latest Caselaw 2815 MP

M.Cr.C. No.29196/2021                                               1



  HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE

                    M.Cr.C. No.29196/2021
          Pawan Koushal v/s The State of Madhya Pradesh
Indore, dated 29.06.2021
        Heard through video conferencing.
        Shri Paresh Pareek, learned counsel for the applicant.
        Shri Ayushman Choudhary, learned Panel Lawyer for
the respondent / State.

With the consent, finally heard.

This is the second application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.89/2021 registered at Police Station - Gandhi Nagar, District - Indore, for the offences registered under Section 306, 34 of the Indian Penal Code. The applicant is in custody since 03.03.2021.

Learned counsel for the applicant submits that previous application, M.Cr.C. No.24845/2021 was withdrawn on 20.05.2021 with a liberty to renew it after statement of son of deceased is recorded by the Court below. It is submitted that the speed of trial is badly hampered because of COVID - 19 restriction. In view of order passed by this Court in W.P. No.9320/2021 (suo motu), the applicant, under trial prisoner may be enlarged on bail. Reliance is placed on (2014) 8 SCC 373 (Arnesh Kumar v/s The State of Bihar & Another).

It is further submitted that applicant has been falsely implicated. The statement of sister of deceased namely Sona Gayakwad shows that deceased consumed thinner. Same is the

story as per the report (Annexure-A/5). However, later on as per document dated 16.03.2021, a new picture is painted to show that it was a different substance altogether. Hence, applicant may be enlarged on bail.

The prayer is opposed by the learned Panel Lawyer for the respondent / State.

I have heard the parties at length.

The order of this Court dated 20.05.2021 passed in previous round clearly shows that applicant himself withdrew the application with the liberty to renew it after statement of son of deceased is recorded by the Court below. Shri Pareek read out a para of order passed in W.P. No.9320/2021 (suo motu), wherein directions were issued for release of such under trial prisoners in whose case sentence is up to 7 years. The judgment of Arnesh Kumar (supra) also helps the accused persons to that extent. In the instant case, admittedly, the sentence under Section 306 of the IPC is 10 years. In view of previous order dated 20.05.2021 passed in M.Cr.C. No.24845/2021 at this stage, no case is made for grant of bail.

M.Cr.C. stands rejected.

(SUJOY PAUL) JUDGE Ravi

Digitally signed by RAVI PRAKASH Date: 2021.06.30 10:13:08 +05'30'