Harpal vs The State Of Madhya Pradesh
2022 Latest Caselaw 520 MP

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         THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.1076/2022
               (HARPAL VS. STATE OF M.P.)

                    Through Video Conferencing

Gwalior, Dated : 11/01/2022

      Ms. Kalpana Parmar, learned counsel for the applicant.

      Shri A.P.S.Tomar, learned counsel for the State.

      Case diary is available.

      This second repeat application under Section 439 of Cr.P.C.

has been filed for grant of bail. First application of the applicant was

dismissed as withdrawn by the Co-ordinate Bench of this Court by

order dated 08/10/2021 passed in MCRC No.46680/2021. As the

Hon'ble Judge has been transferred, therefore, this application has

been placed before this Court.

      The applicant has been arrested on 16/06/2021 in connection

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

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

Section 25/27 of the 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.

      Per contra, the application is vehemently opposed by the

counsel for the State. However, after going through the deposition of
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         THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.1076/2022
               (HARPAL VS. STATE OF M.P.)

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

case 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 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, 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 jump, it shall become ineffective.

      In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021

in Criminal Appeal No. 329/2021, the intimation

THE HIGH COURT OF MADHYA PRADESH MCRC No.1076/2022 (HARPAL VS. STATE OF M.P.)

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                               (G.S. Ahluwalia)
Pj'S/-                                                               Judge


     Digitally signed by
     PRINCEE BARAIYA
     Date: 2022.01.11
     17:24:47 -08'00'