Kalicharan Kushwaha vs The State Of Madhya Pradesh
2022 Latest Caselaw 15380 MP

                                 1
         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                            BEFORE
         HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                    ON THE 22nd OF NOVEMBER, 2022

    MISCELLANEOUS CRIMINAL CASE No. 53565 of 2022

       BETWEEN:-
       KALICHARAN KUSHWAHA S/O SIYARAM
       KUSHWAHA, AGE 40 YEARS, CAST -
       KUSHWAHA, OCCUPATION: LABOUR, R/O
       SIGACHOALI P.S. PAHARGARH, DIST.
       MORENA (MADHYA PRADESH)

                                                          .....APPLICANT
       (BY SHRI RAJEEV SHRIVASTAVA-ADVOCATE)

       AND
       STATE OF M.P. THROUGH POLICE STATION
       P.S.  PAHARGARH,     DIST-  MORENA
       (MADHYA PRADESH)

                                                      .....RESPONDENTS
       (BY SHRI C.P. SINGH-PANEL LAWYER)

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

Case diary is available.

This fourth application filed under Section 439 of Cr.P.C. for grant of bail. The third application was dismissed by order dated 22.09.2022 passed in M.Cr.C. No.41546/2022 for want of prosecution.

The applicant has been arrested on 28.03.2022 in connection with C rime No.153/2021 registered by Police Station Pahargarh, Morena, District Morena for offence punishable under Sections 323, 294, 506, 34

& 307 of IPC.

It is submitted by counsel for applicant that all the material witnesses have been examined and they have not supported the prosecution case. At present, there is not substantive evidence against the applicant. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. However, after going through the deposition sheets of the witnesses, it is fairly conceded that the prosecution witnesses have turned hostile. It is submitted that it appears that either the witnesses had given a false information to the police or they have not narrated the truth before

the Court, therefore, they are liable to be prosecuted.

So far as the question of prosecution of the witnesses is concerned, 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 fact that the material witnesses have turned hostile and 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 Aman AMAN TIWARI 2022.11.22 19:32:28 +05'30'