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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Gurpal Singh Ahluwalia, J.
Sunil Dutt – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 59932 of 2022
Decided On : 19-12-2022
Bail - Criminal Offences - Summary: The court dismissed the second application for bail under Section 439 of Cr.P.C. as the applicant showed no interest in prosecuting the application. The applicant had been arrested for various offences under the IPC, RBI Act, and other related statutes.
Fact of the Case:
The applicant was arrested in connection with multiple offences under the IPC, RBI Act, and other statutes.
Finding of the Court:
The court dismissed the bail application due to lack of prosecution by the applicant.
Issues: The main issue was the lack of interest shown by the applicant in prosecuting the bail application.
Ratio Decidendi: The court's decision was influenced by the applicant's lack of interest in pursuing the bail application, leading to its dismissal.
Final Decision: The application for bail was dismissed due to want of prosecution by the applicant.
JUDGMENT
Gurpal Singh Ahluwalia, J. - This is second application filed under Section 439 of Cr.P.C. for grant of bail. The first application was dismissed as withdrawn by order dated 18.07.2022 passed in M.Cr.C. No.28713/2022.
2. The applicant has been arrested on 13.05.2022 in connection with Crime No.480/2015 registered at Police Station Gwalior, District Gwalior for offence under Sections 420, 467, 468, 471 of IPC, Sections 45 IA, 45S/58-B (5-A) of RBI Act and Section 3/6 of the Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam and Sections 4, 5 and 6 of Prize Chits and Money Circulation Scheme (Banning) Act.
3. This is second repeat application for grant of bail.
4. None appears for the applicant even in the second round. It appears that the applicant has lost his interest in prosecuting this application.
5. Accordingly, the application is dismissed for want of prosecution.
Lack of prosecution and interest by the applicant can lead to dismissal of a bail application.
The examination of the victim is a crucial factor in considering bail applications under Section 439 of Cr.P.C.
The court considered the duration of pre-trial incarceration, the nature of the allegations, and the absence of comments on the merits of the case in granting bail.
The court granted bail based on the nature of allegations, period of detention, and the arrest of the main accused, in line with the judgment passed by the Supreme Court in a similar case.
The court considered the nature of allegations, period of detention, and the absence of heinous offenses in the applicant's criminal history in allowing the bail application.
The main legal point established is that the period of detention and lack of criminal antecedents can be considered in granting bail, without commenting on the merits of the case.
The court considered the nature of allegations, period of detention, and the applicant's willingness to abide by stringent conditions in granting bail.
The main legal point established in the judgment is the consideration of substantive evidence, the likelihood of a lengthy trial, and the absence of a possibility of absconding or tampering with the ....
The court may grant bail considering the period of detention and the likelihood of a lengthy trial, without commenting on the merits of the case.
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