Anil @ Gajendra Ahirwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 748 MP

                               1
            THE HIGH COURT OF MADHYA PRADESH
                       MCRC-63505-2021
             Anil @ Gajendra Ahirwar Vs. State of MP

                    Through video conferencing

Gwalior, Dated : 17.01.2022

      Shri Shamshad Khan, Counsel for the applicant.

      Ms. Kalpana Parmar, Counsel for the State.

      Case Diary is available.

      This fourth application under Section 439 of CrPC has been

filed for grant of bail. Third application of the applicant was

dismissed    by   order   dated    02.03.2020    passed    in   M.Cr.C.

No.7177/2020.

      The applicant has been arrested on 05.07.2016 in connection

with Crime No.385/2016 registered at Police Station Gola Ka Mandir

Distt. Gwalior for offence under Sections 363, later added 364(a),

302, 420, 467, 471, 202, 120-B of IPC and Sections 11/13 of

MPDPVK Act.

      It is submitted by the counsel for the applicant that he is in jail

from 05.07.2016 and the trial is still pending. According to the

prosecution case, one minor boy was kidnapped and thereafter he was

killed. The belongings of the boy were recovered on the disclosure

made by the applicant. However, considering the period of detention

and delay in trial, coordinate Bench of this Court by order dated

29.11.2021

passed in M.Cr.C. No.44737/2021 has granted bail to the

co-accused Anoop Singh. Case of the applicant is identical to that of

THE HIGH COURT OF MADHYA PRADESH MCRC-63505-2021 Anil @ Gajendra Ahirwar Vs. State of MP

Anoop Singh. 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, the counsel for the State could not

justify as to why the prosecution was unable to examine its witnesses

in spite of the fact that more than five and half years had passed from

the date of detention of the applicant. Thus, purely on the ground of

detention, coupled with the fact that co-accused Anoop Singh has

been granted bail by the coordinate Bench of this Court by order

dated 29.11.2021 passed in M.Cr.C. No.44737/2021, 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

THE HIGH COURT OF MADHYA PRADESH MCRC-63505-2021 Anil @ Gajendra Ahirwar Vs. State of MP

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Since the trial is pending from the year 2016 and in view of the

administrative directions given by the Registry of this Court for early

disposal of the trial which are pending for the last five years or more,

the Trial Court is directed to expedite the hearing of this trial and

shall positively decide the trial within a period of six months from

today or as per the administrative directions,whichever are earlier.

The Superintendent of Police, Gwalior is directed to ensure

that summons/bailable warrant/warrants of arrest issued against the

witnesses are not only executed, but shall also ensure that they appear

before the Trial Court in order to avoid any further delay.

With aforesaid observations, the application is allowed.

Office is directed to immediately send a copy of this order to

the Trial Court for necessary information and compliance.

A copy of this order be also given to the Public Prosecutor for

communicating the same to the Superintendent of Police, Gwalior for

necessary information and compliance.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.01.19 14:25:31 +05'30'