Vijay Singh Bhadoriya vs The State Of Madhya Pradesh
2023 Latest Caselaw 14493 MP

                                                           1
                          IN     THE        HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                             ON THE 4 th OF SEPTEMBER, 2023
                                         MISC. CRIMINAL CASE No. 35724 of 2023

                         BETWEEN:-
                         VIJAY SINGH BHADORIYA S/O SHRI INDAL PAL SINGH,
                         AGED ABOUT 30 YEARS, R/O BHAGAT GADHIYA
                         KNAWAR POLICE STATION UMRI DISTRICT BHIND AT
                         PRESENT R/O BAJARANGPURPA ITARSI TEHSIL ITARSI
                         DISTRICT NARMADAPURAM (MADHYA PRADESH)

                                                                                        .....APPLICANT
                         (BY SHRI NEERAJ DUBEY - ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH POLICE
                         STATION ITARSI R/O DISTRICT NARMADAPURAM
                         (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                         (BY SHRI N.S.SOLANKI - PANEL LAWYER)

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

Explanation of Presiding Officer is received. As per explanation, 14 (fourteen) witnesses have been examined so far and deposition of 10(ten) other witnesses are yet to be recorded. According to the Presiding Officer, the order dated 04.04.2022 passed in M.Cr.C.No.7905/2022 directing it to conclude the trial within a period of seven months from the date of receipt of copy of the order was neither produced before it nor it was received by the court through any other channel. Therefore, the Presiding Officer has sought further time for conclusion of the trial.

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 9/5/2023 11:16:03 AM

2. This sixth bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of applicant for grant of regular bail relating to F.I.R No.703/2019, registered at P.S.-Itarsi, District-Narmadapuram (M.P.) for the offence punishable under Sections 302, 304-B/34 of IPC and Section 3/4 of Dowry Prohibition Act. Applicant is in detention since 18.02.2020.

3. Applicant's second bail application was dismissed on merits vide order dated 27.08.2021 passed in M.Cr.C.No.44007/2020 whereas his fourth bail application was dismissed for want of prosecution vide order dated 24.2.2023 passed in M.Cr.C.No.58675/2022 and first, third and fifth bail

applications were dismissed as withdrawn and not pressed vide order dated 03.09.2020, 04.04.2022 and 13.03.2023 passed in M.Cr.C.Nos.18431/2020, 7905/2022 and 10650/2023 respectively.

4. Learned counsel for the applicant has submitted that applicant is in jail since 18.02.2020 and trial has not been concluded in this period. It is further submitted that there is no direct evidence against the applicant. The case is based on circumstantial evidence. By placing reliance on a judgment dated 16.09.2021 passed in Cr.A.No.660/2008 (Amar Singh and 03 others Vs. State of M.P). particularly para-9 of the judgment, it is submitted that when chain of circumstances is not complete then applicant should be acquitted of the offence. In the aforesaid pretext, it is prayed that applicant may be released on bail.

5. On the other hand learned counsel for the State has opposed grant of bail and has submitted that it is a case of heinous murder wherein deceased/ wife of the applicant was found murdered under mysterious

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 9/5/2023 11:16:03 AM

circumstances. All the facts have already been considered on merits by this court while deciding M.Cr.C.No.44007/2020 vide order dated 27.08.2021. Therefore, no case for grant of bail is made out and prayed for rejection of the bail application.

6. Applicant's second bail application has already been dismissed on merits vide order dated 27.08.2021 passed in M.Cr.C.No.44007/2020. Therefore, I find no substance in the arguments advanced by learned counsel for the applicant. Hence, this M.Cr.C. is dismissed.

7. As far as the point of delay is concerned, having taken into consideration the explanation of the Presiding Officer, I am of the view that instead of granting bail, it would be just and proper to direct the trial court to conclude the trial within a further period of 07 months from today.

8. Therefore, the learned trial court is directed to conclude the trial within a period of seven months from today either by fixing the case for day-to- day or by granting short adjournment. Registry is directed to send a copy of this order to the learned trial court immediately with a direction to acknowledge the receipt of the same by the Presiding officer of the Court.

9. M.Cr.C. is dismissed with the aforesaid directions.

(DINESH KUMAR PALIWAL) JUDGE MKL

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 9/5/2023 11:16:03 AM