Amit Pal vs The State Of Madhya Pradesh
2022 Latest Caselaw 1423 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 4259/2022 (AMIT PAL Vs THE STATE OF MADHYA PRADESH)

Through Video Conferencing

Gwalior, Dated : 01/02/2022

Ms. Kalpana Parmar, Counsel for applicant.

Shri Avdhesh Parashar, Counsel for State.

Case diary is available.

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

grant of bail.

The applicant has been arrested on 01.09.2021 in connection

with Crime No.244/2021 registered by Police Station Kotwali, District

Datia for offence punishable under Sections 307, 294, 34 of IPC and

Section 25/27 of Arms Act.

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

as well as eye 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 his absconding or tampering

with the prosecution case. It is further submitted that this Court by

order dated 11.01.2022 passed in M.Cr.C. No.1076/2022 has granted

bail to the co-accused-Harpal.

Per contra, the application is vehemently opposed by the

counsel for the State. However, after going through the deposition of

the witnesses, it is fairly conceded that they have not supported the

prosecution case on the question of identity. It is further submitted that

it appears that either the witnesses had lodged a false report or they

THE HIGH COURT OF MADHYA PRADESH MCRC No. 4259/2022 (AMIT PAL Vs THE STATE OF MADHYA PRADESH)

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, the said aspect is left to the discretion of the Trial Court

and accordingly, it is directed that the Trial Court while deciding the

trial shall positively consider the aspect as to whether the prosecution

witnesses are to be prosecuted or not.

Considering the facts and circumstances of the case and 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 Only) 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 the 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 & 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 rule.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.02.02 16:05:40 +05'30'