Mahendra Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14273 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 29 th OF AUGUST, 2023
                                          MISC. CRIMINAL CASE No. 31702 of 2023

                           BETWEEN:-
                           MAHENDRA SINGH S/O SHRI SUKHLALA SINGH, AGED
                           ABOUT 25 YEARS, OCCUPATION: FARMING R/O
                           VILLAGE HINAUTA P.S. AND TEHSIL PAWAI DISTRICT
                           PANNA (MADHYA PRADESH).

                                                                                            .....APPLICANT
                           (BY SHRI K.N. BUNDELA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           PAWAI DISTRICT PANNA (MADHYA PRADESH),

                                                                                         .....RESPONDENT
                           (BY SHRI V.K. LAKHERA - GOVERNMENT ADVOCATE)

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

This is the second application filed by the applicant under Section 439 of

the Code of Criminal Procedure for grant of regular bail relating to FIR No. 330/2018 registered at Police Station Pawai, District Panna (M.P.) for the offence under Sections 302, 307 and 34 of Indian Penal Code.

2. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. It is submitted that Dy. Superintendent of Police has given a report, in which it has been stated that Rajendra and Guddu @ Ajay may have been falsely implicated in the case. In

Signature Not Verified report, it has been stated to remove their names from charge-sheet. It is Signed by: VINOD KUMAR TIWARI Signing time: 29-08-2023 18:29:47

submitted that applicant was also not there at the time of incident. He has also been falsely implicated in the case. There is delay in trial. Applicant is in jail since 18.09.2020. Considering aforesaid circumstances, applicant may be released on bail.

3. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that as per dying declaration of Ramsujan, Mahendra Singh (present applicant) is said to have thrown oil over him and Baburaja has set fire on him. In these circumstances, applicant may not be released on bail.

4. Heard the counsel for the parties and also perused the status report

sent by Additional Sessions Judge Pawai, dated 10.08.2023.

5. In status report, it has been stated that proceedings under Section 299 of Cr.P.C. was initiated against Mahendra Singh, Ajay @ Guddu and Rajendra Patel. One of the accuseed namely Dhoopsing @ Baburaja was arrested and he was tried and judgment has been passed on 05.12.2019, in which he has been convicted and sentenced with life imprisonment and fine of Rs. 1000/-. It has been stated that trial could not proceed against other accused persons as they were absconding. Charges were framed on 23.02.2021. 12 witnesses have been examined and prosecution case has been closed. Accused persons have to give their defence.

6. Considering aforesaid circumstances, it cannot be said that there is delay in trial on part of prosecution. Applicant has been named in dying declaration. Considering the same, repeat bail application filed by the applicant is dismissed.

Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 29-08-2023 18:29:47

(VISHAL DHAGAT) JUDGE vkt

Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 29-08-2023 18:29:47