Shaukeen vs The State Of Madhya Pradesh
2023 Latest Caselaw 1414 MP

                                                            1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE ANIL VERMA
                                              ON THE 24 th OF JANUARY, 2023
                                         MISC. CRIMINAL CASE No. 2699 of 2023

                          BETWEEN:-
                          SHAUKEEN S/O SHRI FAJRU MEV, AGED ABOUT 28
                          YEARS, OCCUPATION: AGRICULTURIST, R/O VILLAGE
                          URKI DALLA, DISTRICT BHARATPUR (RAJASTHAN)
                          POLICE STATION SIKRI (RAJASTHAN)

                                                                                          .....APPLICANT
                          (BY SHRI AYUSHYAMAN CHOUDHARY - ADVOCATE)

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

                                                                                        .....RESPONDENT
                          (BY SHRI KAPIL MAHANT - ADVOCATE)

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

This is the third repeat bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 20/03/2021 in connection with Crime No.10/2020 registered at Police Station Crime Branch, Indore (M.P.) for commission of offence punishable under Section 419, 420, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 read with Section 43 and 66 of Information Technology Act.

Learned counsel for the applicant submits that applicant's earlier two bail Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/25/2023 10:31:47 AM

applications were rejected on merit and after rejecting the earlier bail applications prosecution has examined three material witnesses and all of them have turned hostile. Even they have not identified the present applicant and did not state anything against him in respect of the aforesaid crime. Final conclusion of the trial is also likely to take sufficient long time. Under the above change circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection by submitting that out of 128 accused persons, 127 accused are still absconding in the matter. Applicant's earlier bail

applications have been rejected merit and Hon'ble the apex Court has also rejected his bail. Therefore, he is not entitled to be enlarged on bail.

Perused the impugned order of the trial Court as well as the case diary. 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 have been dismissed on merit vide orders dated 31/01/2022 and 16/07/2022 passed in M.Cr.C.Nos.56099/2021 and 33513/2021 by this Court and applicant's Special Leave to Appeal (Crl.) No.3988/2022 has been dismissed by the Hon'ble apex Court vide order dated 25/07/2022. Although three witnesses have been examined by the prosecution but rest of the witnesses are yet to be examined.

At the stage of consideration of bail, marshalling of the prosecution witnesses is not permitted as per the judgment of Hon'ble Supreme Court in the case of Satish Jaggi Vs. State of Chattisgarh & Ors. (Cr.A.No.651/2007) decided on 30/07/2007, wherein it has been held as under:- Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/25/2023 10:31:47 AM

“At the stage of granting of bail, the Court can only go into the question of prima facie case established for granting bail. It cannot go into the question of credibility and reliability of the witnesses put up by the prosecution. The question of credibility and reliability of prosecution witnesses can only be tested during the trial.â€​ As per the law laid down by the Hon'ble Supreme Court in Satish Jaggi (supra), this Court can only go into the question of the prima facie case established for granting bail. At the stage of consideration of bail, this Court cannot go into the question of credibility and reliability of the witnesses put up by the prosecution.

Therefore, there is no material change in the circumstances in which the applicant can be enlarged on bail. Accordingly, without commenting upon the merits of the case, the 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: 1/25/2023 10:31:47 AM