Sonu @ Arvind Pandey vs The State Of Madhya Pradesh
2021 Latest Caselaw 6737 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC-51131-2021
            Sonu @ Arvind Pandey Vs. State of MP

Gwalior, Dated: 23-10-2021

      Shri Vivek Mishra, Counsel for the applicant.

      Shri BPS Chauhan, 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 mainly on the ground of delay in trial.

      The applicant has been arrested on 26.12.2018 in connection

with Crime No.171/2018 registered at Police Station Phoop Distt.

Bhind for offence under Sections 304-B, 34 of IPC and Section 3/4

of Dowry Prohibition Act.

      It is submitted by the counsel for the applicant that the

applicant is the husband of the deceased. He had married the

deceased on 18.04.2017, who committed suicide on 09.07.2018. The

applicant was taken into custody on 26.12.2018 and thus he has

completed a period of two years and eight months. It is further

submitted that he has filed the order-sheets of the Trial Court, which

indicate that charges were framed on 29.05.2019 and thereafter on

certain dates, summons/bailable warrants were executed, but the

witnesses did not appear. It is further submitted that except by

interim bail, which was granted by this Court by order dated

11.06.2021

passed in M.Cr.C. No.27710/2021, the applicant was

THE HIGH COURT OF MADHYA PRADESH MCRC-51131-2021 Sonu @ Arvind Pandey Vs. State of MP

never released on temporary parole in the wake of first and second

wave of Covid-19 Pandemic. It is further submitted that after the

period of temporary bail was over, the applicant has surrendered

before the Trial Court on 14.08.2021 which is evident from the order-

sheet which has been placed at page No. 41. The Trial is likely to

take sufficiently long time and there is no possibility of his

absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. However, it is fairly conceded that on certain

dates, the witnesses did not appear in spite of service of bailable

warrants.

Considering the conduct of the witnesses in not appearing

before the Trial Court as well as considering the period of detention,

without commenting on the merits of the case, the application is

allowed. It is directed that the applicant be released on bail on

furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One

Lac) with one surety in the like amount to the satisfaction of the Trial

Court/Committal Court to appear before the Court on the dates given

by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

THE HIGH COURT OF MADHYA PRADESH MCRC-51131-2021 Sonu @ Arvind Pandey Vs. State of MP

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

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.10.23 17:41:09 +05'30'