Subhash vs The State Of Madhya Pradesh
2023 Latest Caselaw 1345 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE ANIL VERMA
                                               ON THE 23 rd OF JANUARY, 2023
                                         MISC. CRIMINAL CASE No. 38590 of 2022

                          BETWEEN:-
                          SUBHASH S/O SHRI SAHEB RAO DESHMUKH, AGED
                          ABOUT 59 YEARS, OCCUPATION: NOTHING, R/O 12,
                          KUNAL HOMES, LALITA NAGAR, KOLLAR ROAD,
                          BHOPAL (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI SAMARJEET SINGH CHAUHAN - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION NOWGAON,
                          DISTRICT DHAR (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI SANTOSH SINGH THAKUR - DEPUTY GOVT. ADVOCATE)

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

Heard on IA.No.10775/2022, which is an application for dispensing with filing of certified copy of the impugned order.

Learned counsel for the applicant submits that certified copy of the impugned order has already been filed rendering the present application infructuous. Therefore, IA.No.10775/2022 stands dismissed as rendered infructuous.

This is the third repeated bail application under Section 439 of the Code o f Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/24/2023 11:12:22 AM

The applicant is in custody since 08/11/2017 in connection with Crime No.21/2017 registered at Police Station Nowgaon, District Dhar (M.P.) for commission of offence punishable under Section 420, 409 and 34 of the Indian Penal Code, 1860 r/w Section 6 of Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000.

Applicant's earlier two bail applications were dismissed on merit vide orders dated 08/02/2019 and 09/10/2020 passed in M.Cr.C.Nos.2572/2019 and 25994/2020. This third repeated bail application is filed on behalf of the applicant Subhash Deshmukh by submitting that statement of only nine prosecution witnesses have been recorded before the trial Court. Applicant is in

custody since 08/11/2017 and he has suffered jail incarceration for more than five years. Co-accused Sanjay Mewada has been enlarged on bail by this Court vide order dated 19/06/2020 passed in M.Cr.C.No.16304/2020. Applicant is the permanent resident of Bhopal district and final conclusion of the trial is likely to take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

In support of his contention learned counsel for the applicant placed reliance upon the judgment delivered in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another passed in Special Leave Petition (Crl.) No.5191/2021 on 11/07/2022 as well as the order passed in Mukesh S/o Antar Singh Vs. State of Madhya Pradesh on 23/06/2022 in M.Cr.C.No.3836/2022.

Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection.

Perused the impugned order of the trial Court as well as the case diary. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/24/2023 11:12:22 AM

After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that applicant's earlier two bail applications were dismissed on merits while considering all the facts and circumstances of the case and at the time of rejection of earlier application co-accused Sanjay Mewada was already released on bail. Statement of all the nine witnesses were also recorded at that time. Therefore, after rejecting the earlier application, there is no material changes in the circumstances, in which the present applicant may be enlarged on bail.

In view of the prima facie evidence available on record against the applicant, without commenting upon the merits of this Court, this Court is not inclined to grant bail to the present applicant. Accordingly, this third repeated bail application preferred under Section 439 of Cr.P.C. is hereby dismissed.

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/24/2023 11:12:22 AM