Mayaram vs The State Of Madhya Pradesh
2022 Latest Caselaw 13324 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                           BEFORE
                                        HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                   ON THE 11th OF OCTOBER, 2022

                                          MISC. CRIMINAL CASE No. 47849 of 2022

                                   BETWEEN:-
                                   MAYARAM S/O LATE THAKUR SINGH GURJAR,
                                   AGED ABOUT 57 YEARS, OCCUPATION-KHETI,
                                   R/O VILLAGE MADA, POLICE STATION BEHAT,
                                   DISTT. GWALIOR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                                   (BY SHRI RAVI DWIVEDI - ADVOCATE)

                                   AND
                                   THE STATE OF MADHYA PRADESH THROUGH
                                   POLICE STATION BEHAT, DISTT. GWALIOR
                                   (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                                   (BY SHRI P.S. RAGHUVANSHI - PUBLIC PROSECUTOR)

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

Case diary is available.

This sixth application under Section 439 of Cr.P.C. has been filed for grant of bail. The fifth application was dismissed by order dated 28.06.2021 passed in M.Cr.C.No.31375/2021.

The applicant has been arrested on 12.10.2015 in connection with Crime No.56/2015 registered at Police Station Behat, District Gwalior for offence under Sections 302, 294 of IPC and Section 27, 30 of Arms Act.

The applicant is in jail from 12/10/2015. The allegations are that three persons were killed. The applicant is one of the assailant who had actually fired Signature Not Verified Signed by: MONIKA SHARMA Signing time: 12-10-2022 10:20:48 AM

and killed the deceased. However, the present application has been filed mainly on the ground of delay and laches. It is submitted that although the prosecution evidence was over but an application under Section 311 of CrPC was filed by the prosecution and accordingly, Town Inspector Santosh Mishra was recalled.

The applicant has provided a certified copy of some of the order sheets of the trial Court starting from 05.03.2022. The same is taken on record.

From the order sheet dated 05.03.2022, it appears that the summon issued against the prosecution witness Santosh Mishra who is a Town Inspector was not received back either served or unserved and accordingly the case was adjourned to 14.03.2022 and bailable warrant was issued. On

14.03.2022, bailable warrant issued against Santosh Mishra, T.I. was not received back either served or unserved and accordingly, the case was fixed for 29.03.2022. On 29.03.2022, it appears that Santosh Mishra, T.I. appeared before the trial Court at 1:35 PM and since the trial Court was busy in recording the evidence in other Sessions Trial therefore, the case was adjourned to 07/04/2022 with a direction to Santosh Mishra, T.I. to remain present at 11:00 A.M. On 07.04.2022 the Town Inspector Santosh Mishra appeared before the trial Court and a requisition was sent to Malakhana for producing the articles but reply was received that the complete articles are not traceable. Since the trial Court was busy in recording the evidence in Session Trial No.455/2021, therefore, Malkhana, Nazir was directed to keep the entire articles available on the next date of hearing and the case was adjourned to 20.04.2022. On 20.04.2022, the Police Inspector Santosh Mishra did not appear although he was bound over by the trial Court and accordingly, warrant of arrest was issued and the case was fixed for 11.05.2022. On 11.05.2022, the witness did not appear, but surprisingly the warrant of arrest issued against a Police Inspector Signature Not Verified Signed by: MONIKA SHARMA Signing time: 12-10-2022 10:20:48 AM

was not returned back either served or unserved and accordingly, the case was adjourned to 31.05.2022 and a fresh warrant of arrest was issued. On 31.05.2022, the warrant of arrest issued against Police Inspector Santosh Mishra was received back unserved and the case was adjourned to 13.06.2022 and the fresh warrant of arrest was issued which was to be executed through Superintendent of Police, Gwalior. On 13/06/2022, the warrant of arrest issued against the Police Inspector Santosh Mishra was not received back either served or unserved and accordingly, fresh warrant of arrest was issued which was to be executed through Superintendent of Police, Gwalior and the case was fixed for 29/06/2022. On 29.06.2022, Police Inspector Santosh Mishra did not appear and accordingly, a fresh warrant of arrest was issued which was to be executed through S.P. Gwalior with a specific endorsement that since the trial is older than five years therefore the same should be executed positively and the case was fixed for 21.07.2022. On 21.07.2022, the warrant of arrest was not served and the witness was not present and accordingly, fresh warrant of arrest was issued and case was fixed for 11/08/2022. On 11/08/2022 also prosecution witness Santosh Mishra was not present and accordingly, fresh warrant of arrest was issued. and the case was fixed for 16.09.2022. Again on 16/09/2022, Police Inspector Santosh Mishra did not appear and the warrant of arrest issued against him was returned back unserved and accordingly, a fresh warrant was

issued and the case was fixed for 01.10.2022. It is submitted that even on 1.10.2022 the prosecution witness did not appear and now the case is fixed for 19.10.2022.

Thus, it is clear that inspite of the fact that the warrant of arrest issued against a Police Personnel was to be executed through S.P., Gwalior, but

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 12-10-2022 10:20:48 AM

surprisingly, Gwalior Police miserably failed to locate its own Police Inspector and could not execute the warrant of arrest issued against him. That speaks a lot about the working of the District Police, Gwalior.

Be that whatever it may be.

Since, the Senior Superintendent of Police, Gwalior has miserably failed in executing the warrant of arrest issued against his own Police Inspector, therefore, it is clear that no useful purpose would be served by getting the warrant of arrest executed through Senior S.P., Gwalior.

Accordingly, it is directed that the warrant of arrest issued against Santosh Mishra, T.I. shall be executed through ADGP/IG, Gwalior Zone, Gwalior. If necessary, the trial Court may modify its order which was passed on 01/10/2022 and if required, a fresh warrant of arrest may be issued to be executed through ADGP/IG, Gwalior.

It is made clear that in case, the ADGP/IG, Gwalior fails to execute the warrant of arrest issued against T.I. Santosh Mishra, then he shall personally appear before the trial Court and shall submit his personal explanation for the failure on his part.

So far as the bail application is concerned, it is clear that the applicant is in jail for the last more than 7 years as he was arrested on 12.10.2015 and unfortunately, even the Senior S.P., Gwalior is not interested in producing his own T.I., in spite of the fact that the application under Section 311 of CrPC was filed by the prosecution itself.

Under these circumstances, this Court cannot allow the applicant to languish in jail for an unlimited period at the mercy of the District Police, Gwalior.

Considering the period of detention and without commenting on the Signature Not Verified Signed by: MONIKA SHARMA Signing time: 12-10-2022 10:20:48 AM

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.3,00,000/- (Rupees Three Lacs) 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.

Let a copy of this order be given to Shri Pawan Singh Raghuvanshi for communicating the same to the Director General of Police, State of Madhya Pradesh as well as ADGP/IG for necessary information and compliance.

Registry is directed to immediately forward a copy of this order to the trial Court for necessary information and compliance.

(G.S. AHLUWALIA) JUDGE Monika

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 12-10-2022 10:20:48 AM