Sunil vs The State Of Madhya Pradesh
2022 Latest Caselaw 650 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC.61326/2021
                   Sunil v. State of M.P

Gwalior, Dated: 13.01.2022

      Shri Prasoon Maheshwari, counsel for the Applicant.

      Shri APS Tomar, 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 22.09.2021 passed in M.Cr.C. No. 46907/2021.

      The applicant has been arrested on 23.02.2021 in connection

with Crime No.81/2021 registered by Police Station Sabalgarh Distt.

Morena for offence punishable under Sections 304 B, 498-A of IPC

and under Section 3/ 4 of Dowry Prohibition Act.

      It is submitted by the Counsel for the applicant that the

applicant is the husband of the deceased and all the material

witnesses have been examined and they 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 opposed by the counsel for the

respondent/State. However, after going through the deposition sheet

of the witnesses, it is fairly conceded that all the material witnesses

have turned hostile. Further, it is submitted that either the witnesses

have given false information to the police or they have not narrated

THE HIGH COURT OF MADHYA PRADESH MCRC.61326/2021 Sunil v. State of M.P

the truth before the Court, therefore, they are liable to be prosecuted.

So far as the question of prosecution of witnesses is concerned,

it is left to the discretion of the trial Court to decide as to whether the

prosecution of the witnesses is warranted or not.

Accordingly, it is directed that at the time of passing of final

judgement, the trial Court shall dwell upon the aforesaid aspect also.

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

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2022.01.13 17:17:11 +05'30'