Arun vs The State Of Madhya Pradesh
2023 Latest Caselaw 5908 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                 ON THE 12 th OF APRIL, 2023
                                          MISC. CRIMINAL CASE No. 12434 of 2023

                           BETWEEN:-
                           ARUN S/O KISHORE BHALSEY, AGED ABOUT 27 YEARS,
                           OCCUPATION: LABOURER 88 BHAWNA NAGAR INDORE
                           DISTRICT INDORE (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI ARVIND KUMAR JAIN, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION BHAWARKUA,
                           DISTRICT INDORE (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI ANAND BHATT, PANEL LAWYER FOR STATE AND SHRI VINAY
                           JOSHI, ADVOCATE FOR OBJECTOR)

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

They are heard. Perused the case-diary.

T his is the fourth/repeat application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.482/2018 registered at Police Station Bhanwarkua District Indore (M.P.) for offence punishable under Sections 147, 148, 149, 302, 307, 323, 327, 294, 506 and 34 of IPC. The applicant is in custody since 26.07.2018.

Earlier his third bail application was dismissed on merits vide order dated 21.11.2022 passed in MCRC.No.44650/2022. Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 12-04-2023 18:31:55

C o uns el for the applicant has submitted that even in the said MCRC.No.44650/2022, this Court has directed the trial Court to expedite the trial and conclude the same as expeditiously as possible. It is submitted that till date trial has not been concluded and co-accused Shivram has already been granted bail by this Court vide order dated 01.03.2023 passed in M.Cr.C. No.4572 of 2023 and the case of the present applicant is akin to that of co- accused Shivram. It is further submitted that subsequently an application under Section 311 Cr.P.C for recalling of Dr. Arun (PW-19) has been filed, however,the aforesaid doctor has not yet been located.

Counsel for the applicant has also submitted that as of now the applicant

has completed four years and 9 months as he is lodged in jail since 26.07.2018 and it appears that the final conclusion of the trial is likely to take sufficient long time.

In support of his submission, learned counsel for the applicant has also placed reliance upon the judgment rendered by the Apex Court in the case of Pradeep Gupta and others Vs. Ms. Swarupma Chaturvedi and others passed in Special Leave to Appeal (Crl.) No.2212/2022 dated 12.08.2022 which has also been relied upon by this Court in identical MCRC.No.61326/20222 in the case of Vishal Jagtap Vs. State of M.P. vide order dated 27.02.2023 wherein accused was lodged in jail since last seven years and five months.

Counsel for the applicant has also submitted that before the Supreme Court the aforesaid applicant was in jail since four years and two months whereas in the present case the applicant has completed 4 years and 9 months o f incarceration. Thus it is submitted that the application be allowed considering the decision rendered by the Supreme Court.

Signature Not Verified Counsel for the respondent/State, on the other hand has opposed the Signed by: PANKAJ PANDEY Signing time: 12-04-2023 18:31:55

prayer. However, the period of incarceration spent by the present applicant is 4 years and 9 months is not denied. It is submitted that no case for grant of bail is made out looking to the fact the applicant's involvement is apparent on the face of record.

In rebuttal, counsel for the applicant has submitted that the main accused Rahul in the present case is juvenile and has already been granted bail.

Having considered the rival submissions, on perusal of the case diary, and also documents filed by the applicant on record and also going through the order passed in MCRC.No.61326/2022 vide order dated 27.02.2023 and M.Cr.C. No.4572 of 2023 dated 01.03.2023 passed in favour of co-accused Shivram, this Court finds force with the contentions as raised by learned counsel for the applicant and further taking note of the period of incarceration which four years and 9 months and also the fact that specially the main accused is already enjoying the facility of bail under the Juvenile Justice Act, 2000 and that the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.

Accordingly, maintaining the parity, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of

Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Criminal Procedure Code, 1973. Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 12-04-2023 18:31:55

Certified copy as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj

Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 12-04-2023 18:31:55