Deepak @ Nana Pandit vs The State Of Madhya Pradesh
2023 Latest Caselaw 7400 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                                   ON THE 8 th OF MAY, 2023
                                          MISC. CRIMINAL CASE No. 11474 of 2023

                           BETWEEN:-
                           DEEPAK @ NANA PANDIT S/O MADANLAL, AGED
                           ABOUT 40 YEARS, OCCUPATION: NAGAR NIGAM
                           KACHRE KI GADI CHALANA, R/O: MOTIBABA MANDIR
                           KE PASS, JANTA QUARTER HUKUMCHAND MILL
                           GROUND, DISTRICT INDORE (MADHYA PRADESH)

                                                                                          .....APPLICANT
                           (BY SHRI RAJENDRA KUMAR DUBEY - ADVOCATE)

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

                                                                                        .....RESPONDENT
                           (BY SHRI D.G. MISHRA - GOVERNMENT ADVOCATE)

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

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail relating to Crime No.859/2021 registered at P.S. Pardeshipura, District Indore (M.P.) for commission of offence punishable under Sections 302 of IPC and Section 25 of Arms Act. He is in jail since 12.11.2021.

As per the prosecution story, marriage of the deceased Savita was solemnized with the present applicant Deepak. Present applicant was a drunkard and an unemployed person, due to which there was continuous dispute between Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 09-05-2023 10:22:47

them. After that, they have decided for dissolution of their marriage by approaching the Court. On 12.11.2021, at about 1:00 PM, present applicant took deceased alognwith by stating that they are going to the Court, but on the way of Court present applicant attacked upon the deceased by means of knife, due to which she succumbed to the injuries and fell down. Incident was witnessed by Suman Bai and Megha. Accordingly, a case has been registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is in jail since 12.11.2021. Investigation is over and charge-sheet has been filed. All the

material witnesses including Megha (PW-1), Suman Bai (PW-2), Savita (PW-3) and Maya (PW-4) have been examined before the trial Court. All of them have turned hostile and have not stated anything against the present applicant. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

Per-contra, learned counsel 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 although the aforesaid four witnesses have been turned hostile before the trial Court, but other prosecution witnesses are yet to be examined. Deceased sustained 22 injuries. Alleged knife used in the incident was recovered from the possession of the present applicant and it has been sent to the FSL examination.

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 09-05-2023 10:22:47

A t the stage of consideration of bail, marshalling of the prosecution witnesses is not permissible 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:-

'€œAt 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.'

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.

In view of the evidence available on record, without commenting on the merits of the case, this Court is not inclined to grant bail to the present applicant.

Accordingly, this first bail application preferred under Section 439 of Cr.P.C. is rejected.

Certified copy as per rules.

(ANIL VERMA) JUDGE Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 09-05-2023 10:22:47