Rajendra Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 9636 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 13th OF JULY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 32144 of 2022

        Between:-
        RAJENDRA JATAV S/O SHRI SODHU JATAV,
        AGED 26 YEARS, OCCUPATION: LABOUR, R/O
        VILLAGE KILAWANI POLICE STATION TENDUA
        DISTRICT SHIVPURI (MADHYA PRADESH)

                                                                .....APPLICANT
        (BY SHRI VIVEK SHARMA - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        THE STATION HOUSE OFFICER OF POLICE
        STATION   TENDUA,  DISTRICT  SHIVPURI
        (MADHYA PRADESH)

                                                              .....RESPONDENT
        (BY SHRI P.P.S. VAJEETA - PUBLIC PROSECUTOR)

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

Case diary is available.

This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dated 11.5.2022 passed in M.Cr.C.No.23631/2022.

The applicant has been arrested on 2.4.2022 in connection with Crime No.39/2022 registered at Police Station Tendua, District Shivpuri for offence under Section 450, 376 of IPC.

This repeat application has been filed for grant of bail only on the ground

that the charge sheet has been filed.

In view light of the judgment passed by the Supreme Court in the case of Virupakshappa Gouda & Anr. vs. State of Karnataka reported in (2017) 5 SCC 406, filing of charge sheet cannot be said to be a change in circumstance.

Since the first application has already been dismissed on merits, therefore, no case is made out for taking a contrary view in the matter.

The application fails and is hereby dismissed.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.07.13 15:05:15 +05'30'