Pran Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 661 MP

THE HIGH COURT OF MADHYA PRADESH MCRC.1776/2022 Pran Singh v. State of M.P.

Gwalior, Dated: 13.01.2022

Shri D.R.Sharma, counsel for the Applicant.

Shri A.K. Nirankari, Counsel for the State.

Case diary is available.

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

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

dated 1.10.2021 passed in M.Cr.C. No. 45225/2021.

The applicant has been arrested on 03.11.2016 in connection

with Crime No.498/2016 registered by Police Station Dehat

Ashoknagar District Ashoknagar for offence punishable under

Sections 302 of IPC.

It is submitted by the Counsel for the applicant that although

the previous bail applications have already been demised on merits

but the applicant is in jail from 3.11. 2016. It is true that the applicant

was released on temporary bail in the wake of Covid-19 Pandemic,

but the trial is still pending. The government officials are not

appearing before the trial Court to depose in the matter. 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. After going through the police case diary, it is

fairly conceded by the Counsel for the State that the date of arrest of

THE HIGH COURT OF MADHYA PRADESH MCRC.1776/2022 Pran Singh v. State of M.P.

the applicant is 3.11.2016.

Considering the period of detention coupled with the fact that

the prosecution has miserably failed in introducing its witnesses

before the trial Court, 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 17:08:23 +05'30'