Gawar Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8566 MP

                                                                    MCRC No.28167/2022
                                                       1

                 High Court of Madhya Pradesh, Jabalpur
                             Bench at Indore

                        BEFORE
        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

                          ON THE 28TH OF JUNE, 2022

               Miscellaneous Criminal Case No.28167/2022
Between: -
Gawar Singh S/o Tejsingh,
Age- 49 years, Occupation- Government Service,
R/o- Gram-Risavla, Tehsil-Kukshi, District Dhar (MP)

                                                            .....APPLICANT
(By Shri Nilesh Sharma, Advocate)

AND
The State of Madhya Pradesh
Through Station House Officer,
Police Station Sondava, District Alirajpur (MP)
                                                           .....RESPONDENT
(By Shri Akash Sharma, Government Advocate)
...............................................................................................................................

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

They are heard. Perused the case diary / challan papers. This is applicant's repeat (third) application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicant is apprehending his / her arrest in connection with Crime No.08/2021 registered at Police Station Sondava, District Alirajpur (MP) for offence punishable under MCRC No.28167/2022

Sections 302, 307 and 323 read with Section 34 of the Indian Penal Code, 1860 and also under Sections 25 (1-B) (A) and 27 (1) of the Arms Act, 1959.

First application of the applicant MCRC No.15072/2021 was dismissed by this Court on 22.04.2021 as withdrawn after counsel for the applicant had argued at length; thereafter, his second application MCRC No.34785/2021 was also dismissed as withdrawn by this Court on 31.08.2021; and this is the applicant's third anticipatory bail application.

The allegation against the applicant is that he was also involved in the aforesaid offence wherein he [along with the other co-accused person (s)] caused grievous injuries to the members of the other party in which subsequently injured Inder Singh has died.

Counsel for the applicant has submitted that in the present case, four persons were arraigned as accused, however, as the trial has already concluded in respect of other three accused persons, who have already been acquitted by the trial Court vide its judgment dated 24.05.2022 (Annexure A/5), but, as the present applicant was not arrested, investigation was kept open under Section 173 (8) of the Code of Criminal Procedure.

Counsel has submitted that none of the witnesses including the injured witness PW-2 Nana, have supported the case of the prosecution, copies of their deposition have also been placed on record in support of his contention.

Counsel for the applicant has also submitted that till date, the MCRC No.28167/2022

applicant has not been declared as 'absconder' and no proceedings under Section 82 of the Code of Criminal Procedure have been initiated.

Counsel has further submitted that the applicant is ready to abide by all the conditions, as may be imposed by this Court. Thus, it is submitted that the applicant be released on anticipatory bail.

Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that the applicant is at large since 12.01.2020, when the incident took place wherein one Inder Singh was murdered by the applicant and other accused persons and Nana was also injured due to gun shot injury. It is alleged that the aforesaid gun shot injury to Nana was caused by the present applicant. Thus, it is submitted that no case for grant of anticipatory bail is made out.

Having considered the rival submissions and on perusal of the case diary as also the documents placed on record, this Court is of the considered opinion that although there is no bar to the number of bail applications an accused can file, however, in the present case, it is apparent that the accused (present applicant) has not only absconded from the date of the incident i.e. 12.01.2020, but has also managed to win over the material prosecution witnesses including the injured witness (es) and now he is again seeking anticipatory bail citing the said witnesses. In such circumstances, this Court is of the considered opinion that if such a practice is allowed by this Court, then there is no point in arresting MCRC No.28167/2022

any accused / person at all. Apparently, the applicant has tried to circumvent the process of law and take advantage of the legal system, which is also deficient to deal with such miscreants. Such practice cannot be allowed by this Court.

In such circumstances, Miscellaneous Criminal Case No.28167/2022 being devoid of merits is hereby dismissed with a cost of Rs.25,000/- (rupees twenty five thousand). The amount of cost shall be recovered from the applicant or from his property, as land revenue by the Trial Court, if not deposited by the applicant within two months time in the trial Court.

(Subodh Abhyankar) Judge Pithawe RC

RAMESH CHANDRA PITHWE 2022.06.28 18:05:57 +05'30'