Anurag Singh Jadon vs The State Of Madhya Pradesh
2022 Latest Caselaw 17041 MP

                                                               1
                            IN        THE     HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 21 st OF DECEMBER, 2022
                                      MISCELLANEOUS CRIMINAL CASE No. 59045 of 2022

                           BETWEEN:-
                           ANURAG SINGH JADON S/O SHRI UDAY SINGH JADON,
                           AGED 31 YEARS, OCCUPATION: PRIVATE JOB, R/O
                           AYODHYA NAGARI SAI BIHAR SAMADHIYA COLONY
                           SAIYAD KE PASS, TARAGANJ, LASHKAR, DISTRICT
                           GWALIOR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI PREM SINGH BHADORIYA - ADVOCATE)

                           AND
                           STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION JANAKGANJ, DISTRICT GWALIOR (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENT
                           (BY MS. KALPANA PARMAR - PANEL LAWYER)

                                  This application coming on for admission this day, the court passed the
                           following:
                                                               ORDER

Case diary is available.

This sixth application under Section 439 of CrPC has been filed for grant of bail.

The applicant has been arrested on 01.02.2021 in connection with Crime No.803/2020 registered at Police Station Janakganj, District Gwalior for offence under Section(s) 304B, 34 of IPC.

This repeat application has been filed for grant of bail on the ground of delay. The fifth application for grant of bail was dismissed by order dated Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 21-12-2022 05:57:54 PM

31/10/2022 passed in M.Cr.C. No.49007/2022 with a direction to the Senior Superintendent of Police, Gwalior that he shall assure that summons are served and the witnesses are examined. The applicant has filed the copy of the order- sheets of the Trial Court which were recorded after the passing of the aforesaid order. From order dated 11/11/2022, it is clear that the witnesses did not appear and the bailable warrant of arrest issued against the witnesses were received back unserved. Thereafter, the case was fixed for 05/12/2022. Again the bailable warrants were returned back as unserved. Thus, it is clear that inspite of direction given by this Court, even the S.S.P. Gwalior has failed to execute the bailable warrants of arrest. Whether it is the negligence of S.S.P. Gwalior or not

is a different aspect, but one thing is clear that this Court cannot keep a person in jail just at the mercy of the prosecution. Speedy trial is a fundamental right of an accused and it is the primary duty of the prosecution to produce the witnesses as early as possible. Unfortunately, even the Senior Superintendent of Police, Gwalior could not improve the situation and the bailable warrants of arrest issued against the witnesses were returned back unserved.

Under these circumstances, this Court is left with no other option but to allow this application.

Accordingly, 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

Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 21-12-2022 05:57:54 PM

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 Rules.

(G.S. AHLUWALIA) JUDGE Shubhankar

Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 21-12-2022 05:57:54 PM