Lakhan Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1987 MP

                                                                                1
                                                  IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                                                             BEFORE
                                                            HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                    ON THE 14th OF FEBRUARY, 2022

                                                            MISC. CRIMINAL CASE No. 60882 of 2021

                                                    Between:-
                                                    LAKHAN SINGH S/O LT. VASUDEV SINGH , AGED
                                                    ABOUT    70    YEARS, OCCUPATION:    RETD.
                                                    GOVERNMENT SERVANT VILLAGE SHIKARPUR
                                                    (MADHYA PRADESH)

                                                                                                              .....PETITIONER
                                                    (BY SHRI ARPIT SINGH, LEARNED COUSNEL)

                                                    AND

                                                    THE STATE OF MADHYA PRADESH STATION
                                                    HOUSE OFFICER THR. P.S. BARWAH (MADHYA
                                                    PRADESH)

                                                                                                           .....RESPONDENTS
                                                    (BY SHRI VALMIK SAKARGAYEN, LEARNED GOVT. ADVOCATE AND
                                                    SHRI SHASWAT SETH, LEARNED COUNSEL FOR THE OBJECTOR)


                                                  This petition coming on for orders this day, the court passed the following:
                                                                                 ORDER

This is a petition under Section 482 of Cr.P.C. for recall of the order dated 04.12.2021 passed by this Court in MCRC No.57295/2021.

The second bail application of the present applicant under Section 439 Cr.P.C. arising out of Crime No.487/2021 under Sections 419, 420, 467, 468, 471, 120B/34 of the IPC registered at Police Station Barwah, Dist. Khargone was rejected by order dated 04.12.2021 passed in MCRC No.57295/2021.

Counsel for the applicant submits that this Court has declined to grant bail considering the objection raised by the Objector that the impostor projecting himself to be Netrapal Singh got a power of attorney registered on 15.01.2021 in Registrar's office, Barwah. During the investigation, it is found in the CCTV footage that the present applicants were present in the Registrar's office. Counsel for the applicant submits that the aforesaid fact was incorrect. They were not present at the spot and were not found in the CCTV footage.

On going through the entire order dated 04.12.2021, it seems that the Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.02.14 17:54:59 IST

aforesaid submission was raised by the learned counsel for the Objector. The bail

application of the petitioner was rejected by this Court on merits holding that it will not be proper to release the applicant Lakhan Singh till substantial prosecution evidence is recorded. For the same reason, other co-accused persons do not deserve the bail at this stage. This Court has further taken into consideration the

judgment passed in the case of Virupakshappa Gouda & Anr. vs. State of Karnataka & Anr. (2017) 5 SCC 406 and thereafter held that considering the nature of accusation and severity of punishment and reasonable apprehension of tampering with the witnesses and threat to the complainant, the Court declined the bail to the applicant.

In view of the aforesaid, I do not find any case for recall of the order. Accordingly, the application is dismissed.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.02.14 17:54:59 IST