Manvendra Singh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 3017 MP

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          THE HIGH COURT OF MADHYA PRADESH
                  M.Cr.C. No.10487/2022
           Manvendra Singh Gurjar Vs. State of M.P.

Gwalior, Dated:03/03/2022

      Shri Prasun Kumar Maheshwari, Counsel for the applicant.

      Shri Rajeev Upadhyay, Counsel for the State.

      Case Diary is available.

      This sixth application under Section 439 of CrPC has been

filed for grant of bail. Fifth application was dismissed by order dated

2/2/2022

passed in M.Cr.C. No.5548/2022.

The applicant has been arrested on 6/3/2021 in connection with

Crime No.80/2019 registered at Police Station Sirol, Distt. Gwalior

for offence under Section 392 of IPC and Section 11/13 of the

MPDVPK, Act.

It is submitted by the counsel for the applicant that the

complainant-Shyam Sharma has died, whereas eye-witnesses Ishu

Sharma and Anil Shakya have turned hostile and at present there is

no substantive evidence against the applicant. 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-

sheets of the aforesaid witnesses, it is fairly conceded that they have

turned hostile. It is submitted that it appears 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.

So far as the question of prosecution of the witnesses is

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.10487/2022 Manvendra Singh Gurjar Vs. State of M.P.

concerned, 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 fact that the witnesses have turned hostile 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 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

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 Arun* ARUN KUMAR MISHRA 2022.03.04 14:42:49 +05'30'