Madhya Pradesh High Court
Dharmendra Verma vs The State Of Madhya Pradesh on 19 January, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.3007/2022
Dharmendra Verma v. State of M.P
Through video conferencing
Gwalior, Dated: 19.01.2022
Shri B.K.Sharma, Counsel for the Aapplicant.
Ms. Kalpana Parmar, Counsel for the State.
Case diary is available.
This fifth application under Section 439 of Cr.P.C. has been
filed for grant of bail. Previous application was dismissed by order
dated 07.12.2021 in M.Cr.C. No.59181/2021.
The applicant has been arrested on 15.08.2021 in connection
with Crime No.175/2021 registered at Police Station Huzrat Kotwali
Distt. Gwalior for offence under Section 304 of IPC.
It is submitted by Counsel for the applicant that the previous
application was dismissed with liberty to revive the prayer after
examination of Naresh and Dhannalal. According to the prosecution
case the applicant was driver of Hydraulic Machine which was sent
for replacing the national flag on a government building and at that
time hydraulic of the said machine broke down, as a result, three
persons lost their life. The initial case of the prosecution was that the
applicant was the driver and the deceased persons were not interested
in using the machine but they were forced by the applicant to change
the national flag by using the Hydraulic Machine. It is submitted
that now the witnesses have been examined and they have turned
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.3007/2022
Dharmendra Verma v. State of M.P
hostile so far as the role of the applicant is concerned. The applicant
is a driver. Even otherwise there was no mensrea on the his part to
compel the deceased to ride and use the Hydraulic machine for
changing the national flag. He is in jail from 15.08.2021. 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
the witnesses, it is submitted that that none of them has supported the
prosecution case and all the eye witnesses have been examined.
However, it is submitted that it is clear that either the witnesses had
given a false information to the police or they have not narrated the
truth before the Court, therefore, they are liable to be prosecuted.
Heard the learned counsel for the parties.
So far as the question of prosecution of the witnesses is
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 prosecution of witnesses is
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
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.3007/2022
Dharmendra Verma v. State of M.P
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.
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
2022.01.20
14:35:20 +05'30'
