Shivram vs The State Of Madhya Pradesh
2023 Latest Caselaw 3614 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                ON THE 1 st OF MARCH, 2023
                                          MISC. CRIMINAL CASE No. 4572 of 2023

                          BETWEEN:-
                          SHIVRAM S/O LATE ANANDRAM JI BHALSE, AGED
                          ABOUT 49 YEARS, OCCUPATION: TEA SHOP R/O 88,
                          BHAWNA NAGAR INDORE (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (SHRI SUNIL KUMAR SONI, ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION BHAWARKUA
                          DISTT. INDORE (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (MS. HARSHLATA SONI GOVT.ADVOCATE)

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

This is the seventh repeat application under Section 439 of Criminal

Procedure Code, 1973, as he is implicated in connection with Crime No.482/2018 registered at Police Station Bhanwarkua District Indore (M.P.) for offence punishable under Sections 147,148,149,302,307,323,294,506 and 34 of IPC. The applicant is in custody since 28.07.2018.

Earlier his fifth bail application was dismissed on merits vide order dated 18.01.2022 passed in MCRC.No.62635/2021.

Counsel for the applicant has submitted that even in the said

Signature Not Verified MCRC.No.62635/2021, this Court has directed the trial Court to expedite the Signed by: REENA PARTHO SARKAR Signing time: 02-Mar-23 10:34:28 AM

trial and conclude the same preferably within a period of one year and if the trial is not concluded within the aforesaid period on one year, the applicant shall be at liberty to renew his prayer. It has already been more than one year since the aforesaid order has been passed and three more witnesses are said to be examined. It is also submitted that subsequently an application under Section 311 Cr.P.C for recalling of Dr. Arun (PW-19) has been filed, however,the aforesaid doctor has not yet been located.

Counsel for the applicant has also submitted that as of now the petitioner has completed four years and seven months as he is lodged in jail since 28.07.2018 and it appears that the final conclusion of the trial is likely to take

sufficient long time.

In support of his submission, learned counsel for the applicant has also placed reliance upon the judgment rendered by the Apex Court in the case of Pradeep Gupta and others Vs. Ms. Swarupma Chaturvedi and others passed in Special Leave to Appeal (Crl.) No.2212/2022 dated 12.08.2022 which has also been relied upon by this Court in identical MCRC.No.61326/20222 in the case of Vishal Jagtap Vs. State of M.P. vide order dated 27.02.2023 wherein accused was lodged in jail since last seven years and five months.

Counsel for the applicant has also submitted that before the Supreme Court the aforesaid applicant was in jail since four years and two months whereas in the present case the applicant has completed 4 years and 7 months of incarceration. Thus it is submitted that the application be allowed considering the decision rendered by the Supreme Court.

Counsel for the respondent/State, on the other hand has opposed the prayer.However, the period of incarceration spent by the present applicant is 4 Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 02-Mar-23 10:34:28 AM

years and 7 months is not denied. It is submitted that no case for grant of bail is made out looking to the fact the applicant's involvement is apparent on the face of record.

In rebuttal, learned counsel for the applicant has submitted that the main accused Rahul in the present case is juvenile and has already been granted bail whereas against the applicant the allegation is that he assaulted with fists and kicks to some other person who has not even named the present applicant or by witnesses.

Having considered the rival submissions, on perusal of the case diary, and also documents filed by the applicant on record and also going through the order passed in MCRC.No.61326/2022 vide order dated 27.02.2023, this Court finds force with the contentions as raised by learned counsel for the applicant and further taking note of the period of incarceration which four years and seven months and also the fact that specially the main accused is already enjoying the facility of bail under the Juvenile Justice Act, 2000 and that the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/-

(Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Criminal Procedure Code, 1973.

Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 02-Mar-23 10:34:28 AM

Certified copy as per rules.

(SUBODH ABHYANKAR) JUDGE das

Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 02-Mar-23 10:34:28 AM