Sahdev Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 4009 MP

                              1
           THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.14082/2022
                 Sahdev Jatav vs. State of M.P.

Gwalior, Dated : 23/03/2022

      Shri S.K. Soni, Counsel for the applicant.

      Smt. Anjali Gyanani, Counsel for the respondent/State.

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 The first application was dismissed as withdrawn

by the Coordinate Bench of this Court by order dated 4.10.2021 passed

in M.Cr.C. No.44386/2021. As the Hon'ble Judge has been transferred,

therefore, this application has been placed before this Court.

The applicant has been arrested on 21.5.2021 in connection with

Crime No.250/2021 registered at Police Station Karera, District

Shivpuri for offence under Sections 302, 201, 147, 148, 149 of IPC.

It is submitted by the counsel for the applicant that all the

witnesses have turned hostile and they have not supported the

prosecution case.

Per contra, the application is vehemently opposed by the counsel

for the respondent/State. The counsel for the State after going through

the deposition sheets of Nemi Prajapati, Neeraj Parihar, Murarilal

Prajapati and Shriram Parihar submitted that all those witnesses have

turned hostile either in toto or on the question of identity. It is further

submitted that it appears that either the witnesses had made a false

report or they have not narrated the true facts before the Court,

THE HIGH COURT OF MADHYA PRADESH MCRC No.14082/2022 Sahdev Jatav vs. State of M.P.

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 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 2022.03.24 18:17:05 +05'30'