Madhya Pradesh High Court
Abbu @ Vishal Chakrawarti vs The State Of Madhya Pradesh on 11 February, 2022
Author: Rajeev Kumar Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJEEV KUMAR DUBEY
ON THE 11th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 7634 of 2022
Between:-
ABBU @ VISHAL CHAKRAWARTI S/O BABBU
CHAKRAWARTI , AGED ABOUT 19 YEARS,
OCCUPATION: LABOUR R/O NEAR SHIV KIRANA
STORE YELLOW BUILDING, KOSTA MOHALLA
SHARDA CHOWK P.S. GARHA JABALPUR (M.P.)
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI VIJAY KUMAR PANDEY, LEARNED COUNSEL FOR THE
APPLICANT)
AND
THE STATE OF MADHYA PRADESH THR POLICE
STATION GARHA, DISTRICT JABALPUR M.P.
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI S.D. MISHRA, LEARNED P.L. FOR THE RESPONDENT /
STATE )
(Heard through Video Conferencing)
This M.Cr.C. coming on for admission this day, the court passed the
following:
ORDER
Heard with the aid of case diary.
This is the third application filed under Section 439 of the Cr.P.C. for grant
of bail. Applicant Abbu @ Vishal Chakrawarti was arrested on 22.08.2020 in
connection with Crime No.454/2020 registered at Police Station Garha, District
Jabalpur for the offence punishable under Sections 294, 323, 307, 302, 34 of IPC.
T h e first bail application of the applicant has been dismissed on as
withdrawn vide order dated 05.10.2021 passed in M.Cr.C. No. 41606/2021 and the
second bail application of the applicant has been dismissed on merits vide order
dated 17.01.2022 passed in M.Cr.C. No. 60627/2021.
As per prosecution case on 21/08/2020 at around 11:00 P.M. complainant
Lalit Singrha alongwith his brother Omi Singrha & Satyam Singrha was standing
Signature Not Verified
SAN
outside of his house located at Sharda Chowk, near yellow building, applicant
Digitally signed by NAVEEN KUMAR
SARATHE
Abbu @ Vishal Chakrawarti and co-accused Kallu and Dhananjay came there and
Date: 2022.02.11 17:42:04 IST
abused him. When complainant Lalit objected, applicant and co-accused assaulted
the complainant Lalit and Omi Singrha with knife and stone. Deceased Golu
Vishwakarma came to rescue them, on that applicant and co-accused persons also
assaulted him. Applicant Abbu @ Vishal assaulted deceased Golu with knife, due
to which he sustained injury in his left thigh. Due to the injury sustained by Golu in
the incident, he died during treatment.
Learned counsel for the applicant submits that applicant is innocent and has
falsely been implicated in the offence. It is further submitted that statement of eye
witnesses of the incident namely Lalit Singrha (PW/1), Omi Singrha (PW/2),
Satyam Singrha (PW/3), Monu Kumar (PW-4) and Sunny Patel (PW-5) have been
recorded by the trial Court. They did not support the prosecution story regarding
involvement of applicant in the crime. Though the earlier bail application of the
applicant has been dismissed on merits, the applicant has been in custody
22.08.2020 while the trial is still pending, hence prayed for release of the applicant
on bail.
Learned counsel for the State opposed the prayer and submitted that it is alleged
that in the incident applicant assaulted deceased Golu with knife due to which he
sustained injury in his left thigh and due to that injury he died. It is further
submitted that the earlier bail application of the applicant has been dismissed on
merits, thereafter there is no change in circumstance. So applicant should not be
released on bail.
T h e first bail application of the applicant has been dismissed on as
withdrawn vide order dated 05.10.2021 passed in M.Cr.C. No. 41606/2021 and the
second bail application of the applicant has been dismissed on merits vide order
dated 17.01.2022 passed in M.Cr.C. No. 60627/2021, thereafter there is no change
in circumstance except the custody period of the applicant.
Hon'ble Apex Court in the case of Rajesh Ranjan Yadav alias Pappu
Yadav v. CBI Through its Director reported in (2007) 1 SCC 70 held that bail,
can not be granted solely on the ground of long incarnation in jail and inability of
Signature Not Verified
SAN accused to conduct the defence. Apex Court in the case of State of M.P. v.
Digitally signed by NAVEEN KUMAR
SARATHE
Kajad, (2001) 7 SCC 673 observed "It is true that successive bail applications are
Date: 2022.02.11 17:42:04 IST
permissible under the changed circumstances. But without the change in the
circumstances, the second application would be deemed to be seeking review of
the earlier judgment which is not permissible under criminal law as has been held
by this Court in Hari Singh Mann v. Harbhajan Singh Bajwa [(2001) 1 SCC
169 : 2001 SCC (Cri) 113] and various other judgments."
Though statements of Lalit Singrha (PW-1), Omi Singrha (PW-2), Satyam
Singrha (PW-3), Monu Kumar (PW-4) and Sunny Patel (PW-5) have been
recorded by the trial court but the statements of other material witnesses have to be
recorded by the trial court. So looking to the allegation that in the incident applicant
assaulted deceased Golu with knife due to which he sustained injury in his left thigh
and died, this court is not inclined to grant bail to the applicant.
Hence, the M.Cr.C. is rejected.
(RAJEEV KUMAR DUBEY)
JUDGE
sarathe
Signature Not Verified
SAN
Digitally signed by NAVEEN KUMAR
SARATHE
Date: 2022.02.11 17:42:04 IST
