Ramdas vs The State Of Madhya Pradesh
2021 Latest Caselaw 6980 MP

       THE HIGH COURT OF MADHYA PRADESH
                      M.Cr.C. No. 31988/2021
                    (Ramdas Vs. State of M.P.)
                                                                        1

Jabalpur, Dated : 28 / 10 / 2021
       Shri Amit Jain counsel for the applicant.
       Shri Pradeep Dwivedi, P.L. for the respondent / State.

Heard with the aid of case diary.

This is third application filed under section 439 Cr.P.C. Applicant Ramdas was arrested on 23.01.2019 in Crime No. 17/2019 registered at Police Station Bandri , District Sagar for the offence punishable under Section 498-(A), 304(B) / 34 of IPC and section 3 /4 of Dowry Prohibition Act.

The first bail application of the applicant has been dismissed on merits by the coordiante Bench of this court vide order dated 11.09.2019 passed in M.Cr.C. No. 5867/2019 while the second bail application was dismissed as withdrawn by the coordinate Bench vide order dated 18.12.2020 passed in M.Cr.C. No. 35976/2020 with direction to the trial court to conclude the trial within two months.

As per prosecution story, on 05.01.2019 deceased Jayanti Bai, wife of applicant Ramdas committed suicide by hanging herself. It is alleged that applicant and co-accused Shanti Bai mother-in-law of the deceased Jayanti Bai demanded dowry and used to harass her due to which she committed suicide within two years of her marriage.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. Though the first bail application has been dismissed on merits merits by the coordinate Bench of this Court vide order dated 11.09.2019 passed in M.Cr.C. No. 5867/2019 but the second bail application was dismissed as withdrawn with the direction to the trial court to conclude the trial within two months while the trial is still pending. The applicant has been in custody since 23.01.2019 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 31988/2021 (Ramdas Vs. State of M.P.)

The earlier one bail application filed by applicant was dismissed on merits by the coordinate Bench of this Court vide order dated 11.09.2019 passed in M.Cr.C.No.5867/2019, thereafter there is no change in circumstance except custody period of the applicant. Hon'ble Apex Court in the case of Rajesh Ranjan Yadav alias Pappu Yadav v. CBI Through its Director, (2007) 1 SCC 70 held that bail, cannot be granted solely on the ground of long incarnation in jail and inability of accused to conduct the defence. Apex Court in the case of State of M.P. v. Kajad, (2001) 7 SCC 673 observed "It is true that successive bail applications are permissible under the changed circumstances. But without the change in the circumstances, the second application would be deemed to be seeking review of the earlier judgment which is not permissible under criminal law as has been held by this Court in Hari Singh Mann v. Harbhajan Singh Bajwa [(2001) 1 SCC 169 : 2001 SCC (Cri) 113] and various other judgments."

So, looking to the facts and circumstances of the case and the allegations against the applicant, who is the husband of the deceased, this court is not inclined to grant bail to the applicant.

Hence, the M.Cr.C. is rejected.

                                                                  (Rajeev Kumar Dubey)
sarathe                                                                 Judge




Digitally signed by
NAVEEN KUMAR
SARATHE
Date: 2021.10.28
16:44:29 +05'30'