Premraj Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 4889 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-16973-2022 Premraj Jatav Vs. State of MP

Gwalior, Dated : 05/04/2022

Shri Deependra Singh Gurjar, Counsel for the applicant.

Smt. Anjali Gyanani, 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 21.01.2022 passed in M.Cr.C. No.556/2022.

The applicant has been arrested on 26.06.2021 in connection

with Crime No.383/2021 registered by Police Station Maharajpura

Distt. Gwalior for offence punishable under Sections 498-A, 304-B,

34 of IPC and Section 3/4 of Dowry Prohibition Act.

It is submitted by the counsel for the applicant that the parents

as well as the brother of the deceased have turned hostile and they

have not supported the prosecution case. All the material witnesses

have been examined and at present, there is no substantive evidence

against the applicant. 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 deposition-

sheets of the witnesses, counsel for the State fairly conceded that the

parents as well as brother of the deceased have turned hostile. It is

THE HIGH COURT OF MADHYA PRADESH MCRC-16973-2022 Premraj Jatav Vs. State of MP

submitted that it appears that either the witnesses had given a false

information to the police or they have not narrated the truth before the

Court, therefore, they are liable to be prosecuted.

So far as the question of prosecution of the witnesses is concerned,

it is directed that the Trial Court while deciding the trial shall address on

this issue also and shall pass a specific order as to whether the

prosecution of the witnesses is warranted or not ?

Considering the fact that the witnesses have turned hostile and

without commenting anything 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 2022.04.06 15:50:34 +05'30'