Ramesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1454 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                                ON THE 25 th OF JANUARY, 2023
                                         MISC. CRIMINAL CASE No. 50432 of 2022

                          BETWEEN:-
                          RAMESH S/O SIDDHNATH RATHORE, AGED ABOUT 65
                          YE A R S , OCCUPATION: FARMER SHEETAL NAGAR
                          COLONY, P.S. SHUJALPUR CITY DISTRICT SHAJAPUR
                          (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI MUKESH SINJONIA, ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION SHUJALPUR CITY
                          DISTRICT SHAJAPUR (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          (BY SHRI VARSHA THAKUR, ADVOCATE FOR THE RESPONDENT/STATE)

                                 This application coming on for admission 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. His earlier bail application were dismissed as withdrawn by the coordinate Bench of this Court vide orders dated 21/12/2020 & 28/7/2021 passed in M.Cr.C.Nos.502/2020 and 11348/2021. He is in jail since 4.8.2020 in connection with Crime No.211/2020 registered at P.S. - Shajapur, District Shajapur (M.P.) for commission of offence punishable under Sections 307, 294, 302/34 of IPC.

Signature Not Verified Signed by: VARSHA SINGH Signing time: 1/25/2023 6:29:34 PM

As per the prosecution story, police has registered the FIR on the basis of dehati nalsi registered by complainant on 03.08.2020 and it was alleged that yesterday evening he and his cousin brother have went to accused Inder’s in law’s house at Shujalpur where the complainant, co-accused Inder and his father in law went to enjoy liquor beside on field. That during this the applicant asked the deceased to bring more liquor but the deceased denied in that scuffle the applicant has attacked with knife over deceased and thereafter left the place. The deceased got injured admitted to hospital. That initially the offence was registered U/s. 307 of IPC butafter 23 days the deceased was died due to septicemia therefore police altered the offence U/s 302 of I.P.C. and

arrested the present applicant, hence this application before this Court.

Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody since 4.8.2020. Investigation is over and charge-sheet has been filed. His earlier two bail applications were dismissed as withdrawn by the coordinate Bench of this Court. All the prosecution witnesses have been examined and there is material contradiction and omissions their statements. Nothing has been seized from the possession of the applicant. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

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

Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that applicant's earlier two bail applications were

Signature Not Verified dismissed as withdrawn by the coordinate Bench of this Court, present Signed by: VARSHA SINGH Signing time: 1/25/2023 6:29:34 PM

applicant is the main accused who caused repeated injuries by means of knife, due to which deceased has been died during treatment.

Although, 19 prosecution witnesses have been examined yet and some of the prosecution witnesses yet to be examined but at the time of consideration of bail application 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:-

"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 t h e prosecution. The question of credibility and reliability of prosecution witnesses can only be tested during the trial."

In view of the above, without commenting upon the merits of the case, at this stage, this Court is not inclined to grant bail to the present applicant. Accordingly, the third bail application preferred under Section 439 of Cr.P.C. is hereby rejected.

C.C. as per rules.

(ANIL VERMA) JUDGE VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 1/25/2023 6:29:34 PM