Rishpal Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 7038 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-52214-2021 Rishpal Singh Vs. State of MP

Gwalior, Dated: 29-10-2021

Smt. Uma Kushwah, Counsel for the applicant.

Shri B.M. Shrivastava, Counsel for the State.

Case diary is available.

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

filed for grant of bail. Second application of the applicant was

dismissed by order dated 20.07.2021.

The applicant has been arrested on 08.04.2021 in connection

with Crime No.130/2021 registered at Police Station Dehat Distt.

Ashoknagar for offence under Section(s) 307, 294, 427 of IPC and

Section 25/27 of Arms Act.

It is submitted by the counsel for the applicant that the

complainant Sarvan Singh (PW-1), Ranjeet Singh (PW-2), Suvindar

Kaur (PW-3) and Majindar Kaur (PW-4) have turned hostile on the

question of identity. The applicant and the complainant party are

closely related to each other. Other witnesses, who have not been

examined so far are hearsay witnesses. 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, after going through the depositions of

the complainant and the other witnesses, it is submitted that all the

THE HIGH COURT OF MADHYA PRADESH MCRC-52214-2021 Rishpal Singh Vs. State of MP

eyewitnesses have turned hostile.

Considering the facts and circumstances of the case, 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.

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 2021.10.29 16:39:22 +05'30'