Heera Chidar (Chandel) vs The State Of Madhya Pradesh
2022 Latest Caselaw 9475 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 12th OF JULY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 33972 of 2022

        Between:-
        HEERA CHIDAR (CHANDEL) S/O SHRI NAKTU
        CHIDAR, AGED    30 YEARS, OCCUPATION:
        MAZDOORI, R/O NEAR RAILWAY STATION
        SHIVPURI, DISTRICT SHIVPURI (MADHYA
        PRADESH)

                                                                 .....APPLICANT
        (BY SHRI SURESH AGRAWAL - ADVOCATE )

        AND

        STATE OF MADHYA PRADESH                THROUGH
        POLICE    STATION  KOTWALI,             DISTRICT
        SHIVPURI (MADHYA PRADESH)

                                                              .....RESPONDENT
        (BY SMT. ANJALI GYANANI - GOVERNMENT ADVOCATE)

      This application coming on for hearing this day, the court passed the
following:
                                    ORDER

Case diary is available.

This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed as withdrawn by order dated 21/02/2022 passed in MCRC No.8990/2022.

The applicant has been arrested on 29/11/2021 in connection with Crime No.730/2021 registered at Police Station Kotwali, District Shivpuri for offence under Section 302 of IPC.

I t is submitted by the counsel for the applicant that all the material

prosecution witnesses have been examined and they have not supported the prosecution case. 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 respondent/State. However, it is fairly conceded that all the material witnesses have been examined and they have not supported the prosecution case. It is submitted that the present case is of murder of four month old child. It is submitted that it appears that either the witnesses had made a false report or they have not narrated the true facts before the Court, therefore, they are liable to be prosecuted.

Whether the prosecution of witnesses is desirable or not is left to the discretion of the Trial Court. Therefore, it is directed that the Trial Court while deciding the trial shall address on this issue also and shall pass a specific order as to whether the prosecution of the witnesses is warranted or not.

Considering the facts and circumstances of the case and 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 Only) 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 the 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 & Ors. 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 rule.

(G.S. AHLUWALIA) JUDGE Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.07.12 16:41:40 -07'00'