Hari Kishan Dhakad vs The Forest Research Institute ...
2022 Latest Caselaw 3797 MP

                              1
           THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.13210/2022
              Hari Kishan Dhakad vs. State of M.P.

Gwalior, Dated : 16/03/2022

      Shri Awadhesh Parashar, Counsel for the applicant.

      Shri C.P. Singh, Counsel for respondent/State.

Case diary is available.

This third application under Section 439 of Cr.P.C. has been filed

for grant of bail. The second application was dismissed as withdrawn

by order dated 23.2.2022 passed in M.Cr.C.No.9505/2022.

The applicant has been arrested on 14.9.2021 (wrongly typed as

14.9.2020 in the bail application) in connection with Crime

No.477/2021 registered at Police Station Kotwali, District Shivpuri for

offence under Sections 304-B, 498-A, 34 of IPC.

It is submitted by the counsel for the applicant that his second

bail application was rejected by order dated 23.2.2022 passed in

M.Cr.C.No. 9505/2022 with liberty to revive the prayer after

examination of all material witnesses. All the material witnesses have

been examined and none of them have 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. Shri Singh after going through the deposition

sheets of the witnesses as well as the case diary, fairly conceded that all

the material witnesses have turned hostile and they have not supported

the prosecution case, but it is submitted that it appears that either the

THE HIGH COURT OF MADHYA PRADESH MCRC No.13210/2022 Hari Kishan Dhakad vs. State of M.P.

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, 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/Remand Magistrate 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 (alok)

ALOK KUMAR 2022.03.16 17:27:16 +05'30'