Pawan Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6965 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                               BEFORE
            HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 9th OF MAY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 22500 of 2022

        Between:-
        PAWAN SINGH S/O UMMED SINGH, AGED 30
        YEARS,   R/o GRAM KOTHARKHUD, POLICE
        THANA PORSA, DISTRICT MORENA (MADHYA
        PRADESH)

                                                              .....PETITIONER
        (BY SHRI DEEPENDRA SINGH KUSHWAH - ADVOATE )

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE    STATION  PURANI   CHHAWANI,
        DISTRICT GWALIOR (MADHYA PRADESH)

                                                           .....RESPONDENTS
        (BY SMT. ANJALI GYANANI - ADVOCATE)

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

Case diary is available.

This third application under Section 439 of Cr.P.C. has been filed for grant of bail. Second bail application of the applicant was dismissed by order dated 13.05.2021 passed in MCRC No.22543/2021.

The applicant has been arrested on 17.03.2019 in connection with Crime No.363/2015 registered at Police Station â€" Porsa, District Morena for offence under Sections 394, 395, 450, 120-B of IPC, Section 11/13 of MPDVPK Act and Sections 25, 27 of Arms Act.

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

witnesses have been examined and they have not supported the prosecution case. The applicant is in jail from 17.03.2019 and 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. It is submitted that the applicant has a criminal history and two more offences have been registered against him. It is fairly conceded that all the material witnesses have turned hostile. However, it is submitted that it is clear that either they have not given the correct information to the police or they have not narrated the truth before the Court and accordingly, they are liable to be

prosecuted.

So far as the question of prosecution of the witnesses are concerned, it is left to the discretion of the Trial Court. However, it is directed that the Trial Court while deciding the trial shall specifically adhere to the question 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) 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 Abhi ABHISHEK CHATURVEDI 2022.05.10 11:11:59 +05'30'