Madhya Pradesh High Court
Ravindra Sharma vs The State Of Madhya Pradesh on 11 May, 2022
Author: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 11th OF MAY, 2022
MISCELLANEOUS CRIMINAL CASE NO.23812 OF 2022
Between:-
RAVINDRA SHARMA S/O SHRI
GYAPRASAD SHARMA, AGED 30
YEARS, OCCUPATION
AGRICULTURIST, R/O VILLAGE
SALARY, POLICE STATION ARON,
DISTRICT GUNA, MADHYA
PRADESH
........APPLICANT
(BY SHRI S.K. TIWARI - ADVOCATE)
AND
STATE OF MADHYA PRADESH
THROUGH POLICE STATION
ARON, DISTRICT GUNA MADHYA
PRADESH
........RESPONDENT
(BY SHRI C.P. SINGH - ADVOCATE)
----------------------------------------------------------------------------------------
This application coming on for hearing this day, the Court passed
the following:
2
ORDER
Case diary is available.
This fourth application under Section 439 of Cr.P.C. has been filed
for grant of bail. The third application was dismissed by order dated
2.5.2022 passed in M.Cr.C.No.21232/2022.
The applicant has been arrested on 8.12.2021 in connection with
Crime No.343/2021 registered at Police Station Aron, District Guna for
offence under Sections 294, 324, 323, 325, 326, 506, 34 of IPC.
While arguing third bail application it was submitted that all the
material witnesses have been examined and they have turned hostile.
However, it was pointed out by the counsel for the State that Rambabu
who is father of the injured has not been examined.
Although a verbal statement was made by Shri Tiwari that
Rambabu has expired but admitted that he is not in possession of any
document to support his contention. Accordingly, the application was
dismissed with liberty to the applicant to revisit the Court along with the
death certificate of Rambabu.
The applicant has filed a copy of order sheet dated 28.2.2022
recorded by the Trial Court in cross-case (S.T.No.340/2022), according
to which the Trial Court has held that Rambabu has expired on
31.1.2022.
Under these circumstances, this Court has no reason to disbelieve
the contention of the counsel for the applicant that Rambabu has expired.
It is submitted by the counsel for the applicant that all the material
witnesses have turned hostile, therefore at present there is no substantial
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 police case diary it is
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 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 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
2022.05.11 15:46:04 +05'30'
