Chironji Lal vs The State Of Madhya Pradesh
2022 Latest Caselaw 6009 MP

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           THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.19230/2022
               Chironji lal & Anr. vs. State of M.P.

Gwalior, Dated : 23/04/2022

      Shri Sunil Kumar Dubey, Counsel for the applicants.

      Shri Rohit Mishra, Additional Advocate General for the

respondent/State.

Case diary is available.

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

for grant of bail.

The applicants have been arrested on 26.10.2021 in connection

with Crime No.223/2021 registered at Police Station Gulab Ganj,

District Vidisha for offence under Sections 304-B, 498-A, 34 of IPC.

It is submitted by the counsel for the applicants that all the

material witnesses have been examined and they have not supported

the prosecution case. The trial is likely to take sufficiently long time

and there is no possibility of their absconding or tampering with the

prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. However, after going through the

deposition sheets as well as the case diary, it is fairly conceded that the

material witnesses have turned hostile, but it is submitted that it

appears that either the witnesses had made a false report or they have

not narrated the true facts before the Court, therefore, they are liable to

be prosecuted.

THE HIGH COURT OF MADHYA PRADESH MCRC No.19230/2022 Chironji lal & Anr. vs. State of M.P.

Whether the prosecution of witnesses is desirable or not is left

to the discretion of the Trial Court. Therefore, 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 facts and circumstances of the case, without

commenting on the merits of the case, the application is allowed. It is

directed that the applicants be released on bail on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only)

with one surety in the like amount each 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 Arun* ARUN KUMAR MISHRA 2022.04.25 10:31:49 +05'30'