Ghoche @ Ravi Parihar vs The State Of Madhya Pradesh
2021 Latest Caselaw 6622 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.49922/2021
            Ghoche @ Ravi Parihar vs. State of M.P.

Gwalior, Dated : 21.10.2021

      Shri Atul Gupta, Counsel for the applicant.

      Shri    B.P.S.     Chauhan,     Public     Prosecutor     for   the

respondent/State.

Case diary is available.

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

filed for grant of bail. The second bail application was dismissed as

withdrawn by order dated 19.7.2021 passed in

M.Cr.C.No.34510/2021.

The applicant has been arrested on 19.8.2019 in connection

with Crime No.88/2019 registered at Police Station Barohi, District

Bhind for offence under Sections 302, 294, 323, 34 of IPC and under

Section 25, 27 of the Arms Act.

It is submitted by the counsel for the applicant that all the

three eyewitnesses have turned hostile and they have not supported

the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. It is submitted that it is true that the

eyewitnesses have not supported the prosecution case.

Heard the learned counsel for the parties.

During the course of arguments, it was fairly conceded by Shri

THE HIGH COURT OF MADHYA PRADESH MCRC No.49922/2021 Ghoche @ Ravi Parihar vs. State of M.P.

Gupta that apart from the eyewitnesses, there is a circumstantial

evidence against the applicant. The applicant was also found injured

on the spot with gunshot injury and a counter-case is pending against

the complainant party. One of the cartridge found on the spot had

matched with the gun seized from the possession of the applicant.

However, it is submitted that at present some seizure witnesses and

the armorer have not been examined so far to prima facie show that

the cartridge seized from the spot was fired from the gun of the

applicant.

In the light of the judgment passed by the Supreme Court in

the case of Hemudan Nanbha Gadhvi vs. State of Gujarat reported

in (2019) 17 SCC 523 it is clear that even if eyewitnesses do not

support the prosecution case, then, the accused can still be convicted

with the help of forensic/scientific and circumstantial evidence. In the

present case, the applicant was not only found on the spot with

gunshot injury but according to the prosecution case, the gun seized

from the possession of the applicant was also found to have been used

and the fired cartridge had matched with the gun of the applicant.

Considering the totality of the facts and circumstances of the

case, this Court is of the considered opinion that no case is made out

for grant of bail.

THE HIGH COURT OF MADHYA PRADESH MCRC No.49922/2021 Ghoche @ Ravi Parihar vs. State of M.P.

The application fails and is hereby dismissed.

                                                          (G.S. Ahluwalia)
(alok)                                                          Judge




ALOK KUMAR
2021.10.21 14:49:38 +05'30'