Ghoche @ Ravi Parihar vs The State Of Madhya Pradesh
2022 Latest Caselaw 1019 MP

THE HIGH COURT OF MADHYA PRADESH Mcrc. 2400/2022 Ghoche alias Ravi Parihar v. State of M.P.

Through video conferencing

Gwalior, Dated: 20.01.2022

Shri Atul Gupta, Counsel for the applicant.

Ms. Kalpana Parmar, Counsel for the State.

Case diary is available.

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

filed for grant of bail. Previous application was dismissed by order

dated 21.10.2021 passed in M.Cr.C. No. 49922/2021.

The applicant has been arrested on19.08.2019 in connection

with Crime No.88/2019 registered at Police Station Barohi Distt.

Bhind for offence under Sections 302, 294, 323/34 of IPC and 25/27

of Arms Act.

It is submitted by the Counsel for the applicant that the

independent witnesses of seizure have been examined and they have

not supported the prosecution case.

Per contra, it is submitted by the Counsel for the State that

seizure of gun can also be proved by the investigating officer

because the evidence of the investigating officer cannot be discarded

merely because he is a police personnel.

The previous bail application of the applicant has already been

dismissed in the light of the judgment of the Supreme Court in the

case of Hemudan Nanbha Gadhvi vs. State of Gujarat reported

THE HIGH COURT OF MADHYA PRADESH Mcrc. 2400/2022 Ghoche alias Ravi Parihar v. State of M.P.

in (2019) 17 SCC 523. No change in circumstance could be pointed

out by the Counsel for the applicant. The application fails and is

hereby dismissed.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2022.01.21 11:22:59 +05'30'