Suraj Kahar vs The State Of Madhya Pradesh
2023 Latest Caselaw 10355 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                  ON THE 7 th OF JULY, 2023
                                         MISC. CRIMINAL CASE No. 27572 of 2023

                          BETWEEN:-
                          SURAJ KAHAR S/O PAPPU @ SHOBHARAM KAHAR,
                          AGED ABOUT 28 YEARS, OCCUPATION: LABOUR, CASTE
                          KAHAR, R/O VILLAGE BIJANWADA TEHSIL PIPARIYA
                          DISTRICT- HOSHANGABAD (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI S.K. KUSHWAHA - ADVOCATE)

                          AND
                          STATE OF MADHYA PRADESH, THROUGH POLICE
                          STATION ROAD PIPARIYA, DISTRICT- HOSHANGABAD
                          (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                          (BY SHRI SWATANTRA PANDEY - PANEL LAWYER)

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

This is the fourth bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His first application was dismissed as withdrawn vide order dated 07.02.2022 passed in M.Cr.C. No.4567 of 2022 with liberty to repeat the same after recording of the statements of material witnesses. The second application was also dismissed as withdrawn vide order dated 29.07.2022 passed in M.Cr.C. No.30410 of 2022 with a direction to the trial Court to proceed with expedition and celerity and try to conclude the trial within a period of six months. The third application was also dismissed as withdrawn Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 7/10/2023 10:52:28 AM

vide order dated 03.02.2023 passed in M.Cr.C. No.3246 of 2023.

2 . T h e applicant has been arrested on 29.11.2021 by Police Station Station Road Pipariya, District Hoshangabad in connection with Crime No.426/2021 registered in relation to the offence punishable under Sections 498-A, 304-B and 34 of the IPC and Section 3/4 of Dowry Prohibition Act, 1961.

3. It is pointed out that the applicant has been falsely implicated in the c as e and he has not committed any offence in any manner. This repeat application has been filed on the ground that the statements of five prosecution witnesses have been recorded and there are material contradictions and

omissions in their statements. It is further submitted that the applicant is in custody since 29.11.2021 and there is no further requirement of custodial interrogation of the present applicant. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. In view of the aforesaid, he prays for grant of bail.

4 . Per contra, learned counsel appearing for the State has vehemently opposed the application stating that the applicant is husband having utmost responsibility towards the wife. He is required to explain the circumstances in which the death has taken place in house. The death has taken place within seven years of marriage. It is further submitted that the contradictions and omissions in the statements of the witnesses cannot be considered at the bail stage in view of the judgment passed by the Hon'ble Supreme Court in the case of Satish Jaggi Vs. State of Chhattisgarh and others reported in 2007 Vol 11 SCC 195. This Court in earlier (second) application has directed to conclude the trial within a period of six months that alone cannot be a ground to enlarge the application on bail. Hence, he prays for dismissal of the application. Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 7/10/2023 10:52:28 AM

5. Considering the overall facts and circumstances of the case, looking to the allegations made against the present applicant, this Court does not deem it appropriate to enlarge the applicant on bail at this stage.

6. The bail application is hereby rejected.

(VISHAL MISHRA) JUDGE taj

Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 7/10/2023 10:52:28 AM