Shivsingh Tomar vs The State Of Madhya Pradesh
2022 Latest Caselaw 522 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.1109/2022
           (SHIVSINGH TOMAR VS. STATE OF M.P.)

                    Through Video Conferencing

Gwalior, Dated : 11/01/2022

      Shri M.K.Chaudhary, learned counsel for the applicant.

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

      Case diary is available.

      This fifth repeat application under Section 439 of Cr.P.C. has

been filed for grant of bail. Fourth application of the applicant was

dismissed    by    order   dated    25/10/2021     passed    in   MCRC

No.45174/2021.

      The applicant has been arrested on 25/03/2020 in connection

with Crime No.19/2020 registered at Police Station Barosa, District

Bhind for offence under Sections 302 and 34 of IPC and Section 25

and 27 of the Arms Act.

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

prosecution witnesses have been examined and they have not

supported the prosecution case. Now, Hariom and Sarnam have also

been examined and they too have not supported the prosecution case.

At present, there is no substantive evidence against the applicant. 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.1109/2022
           (SHIVSINGH TOMAR VS. STATE OF M.P.)

the witnesses, it is fairly conceded that all the eye witnesses have

turned hostile. However, it is submitted that it is clear that either they

have not given the correct information to the police or they have not

narrated the truth before the Court and accordingly, they are liable to

be prosecuted.

      So far as the question of prosecution of the witnesses are

concerned, it is left to the discretion of the Trial Court.

      However, it is directed that the Trial Court while deciding the

trial shall specifically adhere to the question as to whether the

prosecution of the witnesses are warranted 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.1109/2022 (SHIVSINGH TOMAR 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
     17:25:04 -08'00'