Kashiram vs The State Of Madhya Pradesh
2021 Latest Caselaw 7037 MP

                            1
          THE HIGH COURT OF MADHYA PRADESH
                    MCRC-51472-2021
                 Kashiram Vs. State of M.P.

Gwalior, Dated : 29/10/2021

      Shri D.S. Rajawat, Counsel for applicant.

      Shri B.S. Gaur, Counsel for State.

      Case diary is available.

      This is fifth application filed under Section 439 of Cr.P.C. for

grant of bail. The fourth bail application was dismissed by order dated

12.04.2019 passed in M.Cr.C. No.13160/2019

      The applicant has been arrested on 08.05.2017 in connection

with Crime No.80/2017 registered by Police Station Kolaras, District

Shivpuri for offence punishable under Sections 147, 148, 149, 294,

323, 506, 336, 341 and 302 of IPC.

      It is submitted by Counsel for the applicant that according to

the prosecution case, the applicant and other co-accused persons had

assaulted the deceased by lathi, whereas co-accused Amarlal had

given an axe blow on his head. The applicant is in jail from

08.05.2017 i.e. for more than last four years and the trial is still

pending. It is submitted that by order dated 25.09.2021 passed in

M.Cr.C. No.45486/2021, this Court has granted bail to the co-accused

Jagdish Jatav, whose case is identical to that of applicant. The trial is

likely to take sufficiently long time and there is no possibility of his

absconding or tampering with prosecution case.

      Per contra, the application is opposed by Counsel for the
                                                  2
                               THE HIGH COURT OF MADHYA PRADESH
                                         MCRC-51472-2021
                                      Kashiram Vs. State of M.P.

                     respondent/State. However, it is fairly conceded that inspite of fact

that applicant is in jail for last more than 4 years, the trial has not

reached to a logical end.

Heard the learned counsel for the parties.

Considering the fact that applicant is in jail for the last more

than four years and 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/-

(Rs.One Lac Only) 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 the trial but in

case of bail jump, it shall become ineffective.

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

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2021.10.29 16:41:34 +05'30'