Sukka @ Imran vs The State Of Madhya Pradesh
2022 Latest Caselaw 3023 MP

  IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                   BEFORE
                 HON'BLE SHRI JUSTICE ANIL VERMA

                      ON THE 3rd OF MARCH, 2022

             MISC. CRIMINAL CASE No. 58500 of 2021

 Between:-
 SUKKA @ IMRAN S/O RIYASAT ALI , AGED ABOUT 30 YEARS,
 OCCUPATION: LABOUR PUROHITJI KA WAAS (MADHYA PRADESH)
                                                           .....PETITIONER
 (By Shri Gaurav Laad, Advocate)

 AND

 THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER
 THROUGH P.S. STATION ROAD RALTAM (MADHYA PRADESH)
                                                         .....RESPONDENTS
 (By Shri Sanjay Karanjewala, learned GA )
      This M.Cr.C. coming on for             this day, the court passed the

following:

                                   ORDER

As declared by the applicant this is 4th application for grant of bail under Section 439 of the Code of Criminal Procedure, 1973. The first bail application being M.Cr.C. No. 54914/19 was dismissed on merit vide order dated 17.1.2020, second bail application being M.Cr.C. No. 42823/20 was dismissed by order dated 5.11.2020 and M.Cr.C. No. 33446/21 was dismissed on merit by order dated 28.9.2021. The applicant is in Jail since 4.8.2019 in connection with Crime No. 493/19 registered at P.S. Station Road Ratlam District Ratlam for commission of offence punishable u/S 323, 294, 506, 341, 326 of IPC as declared by the applicant.

Learned counsel for the applicant submits that applicant is in custody since 4.8.2019 and there is no legal evidence available on record to connect the applicant with the aforementioned offence. He also submits that from the statement of witnesses examined in the case no case is made out against him. Medical evidence is not supported the prosecution version. The applicant's wife is handicapped and no-one is available in the family to look after her. Conclusion of trial is likely to take sufficient long time. Learned counsel further contended that applicant's two real nieces are getting married on 2.12.2021 and there is no one else to look after all the arrangements. He placed reliance upon the judgment of the Hon'ble Apex court in the case of Prabhakar Tewari Vs. State of UP and others passed on 24.1.2020 in Cri.A. No. 152/2020. Hence he prays that applicant be released on bail.

Per contra, learned P.L. for respondent - State opposes the bail application and supports the order impugned and prays for rejection of the bail application by submitting that applicant has criminal background and 38 criminal cases registered against him.

On perusal of the record it is revealed that applicant's three bail applications under section 439 of Cr.P.C. have been dismissed on merits. After deciding the earlier bail application vide order dated 28.9.2021, no material changes in the facts and circumstances of the case have been shown by the applicant. The applicant has filed this application for grant of bail so that he can arrange the marriage of his two nieces held on 2.12.2021 whereas this date is already over, therefore said ground is not available for the applicant. 38 criminal cases have been registered against the present applicant. But he has not produced copy of judgments which shows that out of 38 cases, 36 criminal cases have been disposed of. Applicant is habitual offender and he is not deserve for bail.

In view of the above, this forth bail application filed under section 439 of Cr.P.C. is dismissed.

C.C. as per rules.

(Anil Verma) Judge BDJ

Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.03.03 17:28:10 +05'30'