Bahadur vs The State Of Madhya Pradesh
2021 Latest Caselaw 4970 MP

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         THE HIGH COURT OF MADHYA PRADESH
                   M.Cr.C.42767/2021
                 Bahadur V. State of M.P.



Gwalior, Dated :02.9.2021

      Shri Yash Sharma, Counsel for the applicant.

      Shri Naval Gupta, Counsel for the State.

      Case diary is available.

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

grant of bail. Previous application was allowed temporarily for a

period of two months by order dated 11.6.2021 passed in M.Cr.C.

No. 27755/2021.

      The applicant has been arrested on 14.2.2018 in connection

with Crime No. 18/18 registered by Police Station Rampurkalan

Distt. Morena for offence punishable under Sections 304-B, 34 of

IPC and 3/ 4 of Dowry Prohibition Act.

      The solitary ground raised by the Counsel for the applicant is

that the applicant is in jail from 14.2.2018. While considering the

previous bail application of the applicant in M.Cr.C. No. 46642/2020,

this Court had expressed that in case if the Counsel for the applicant

is ready to cooperate with the trial, then in the light of the judgment

passed by the Supreme Court in the case of Ankit Maheshwari @

Chintoo vs. State of M.P. by order dated 14.8.2020 in SLP (Cri.)

No.11315/2019 as well as in the light of the circular dated

13.11.2020

issued by the Registry of this Court, this Court can direct

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.42767/2021 Bahadur V. State of M.P.

the trial Court to conclude the trial within a period of one year,

however, that was not accepted by the Counsel for the applicant.

Be that whatever it may by.

The factual matrix of the case is that the applicant is in jail

from 14.2.2018 i.e. for more than three and half years. Under these

circumstances, the trial Court is directed to conclude the trial

positively within a period of eight months from the date of

production of certified copy of this order. The trial Court is directed

not to adjourn the case without any reasonable reasons and should

not fix the dates beyond the period of 15 days.

The Superintendent of Police, Morena is directed to ensure that

the summons/bailable warrants/warrants issued against the witnesses

are duly served and they are examined. If necessary, the trial Court

shall also take coercive action, in the matter.

It is made clear that in the light of the judgment passed by the

Supreme Court in the case of Ankit Maheshwari (supra) as well as

in the light of administrative directions given by the Registry of this

Court on 13.11.2020, the trial Court shall not keep the trial in

abeyance on the basis of any administrative orders issued by the

Registry of this Court.

The applicant is directed to produce the certified copy/soft

copy of this order before the trial Court for necessary information and

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.42767/2021 Bahadur V. State of M.P.

compliance.

With aforesaid observations, the application is finally disposed

of.

(G.S. Ahluwalia) Judge ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

RAHMA GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99

N c6fe547304e1bc26d2b510cc133f1b5 6faa63e77b, cn=ABDUR RAHMAN Date: 2021.09.02 18:35:39 -07'00'