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2022 Supreme(MP) 1139
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Gurpal Singh Ahluwalia, J.
Salman Khan – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 58362 of 2022
Decided On : 12-12-2022
Subject
Criminal Law - Bail Applications
Act Referred
INDIAN PENAL CODE : S.120(b), S.406
Headnote
Bail - Criminal Law - The court dismissed the bail application under Section 439 of Cr.P.C. as the witnesses were being examined regularly and there was no delay in the trial.
Fact of the Case:
The applicant filed a fourth application for bail under Section 439 of Cr.P.C. after the third application was dismissed. The applicant was arrested in connection with an offense under Sections 406, 120-B of IPC.
Finding of the Court:
The court dismissed the bail application as the witnesses were being examined regularly and there was no delay in the trial. The counsel for the applicant sought permission to withdraw the application, which was accordingly dismissed as withdrawn.
Issues:
Ratio Decidendi: The court considered the regular examination of witnesses and the absence of trial delay as grounds for dismissing the bail application.
Final Decision: The bail application was dismissed as withdrawn.
Ashish Singh Jadon, Advocate, Kalpana Parmar, Advocate
Final Result : Dismissed
JUDGMENT
Gurpal Singh Ahluwalia, J. - This fourth application under Section 439 of Cr.P.C. has been filed for grant of bail. Third application was dismissed by order dated 11.10.2022 passed in MCRC No.46975/2022.
2. The applicant has been arrested on 10.02.2022 in connection with Crime No.71/2020 registered at Police Station Cantt. District Guna for offence under Sections 406,120-B of IPC.
3. In view of the order sheets dated 14.06.2022, 27.06.2022,11.07.2022,25.07.2022 coupled with the fact that the witnesses are being examined regularly and there is no delay in the trial.
4. The counsel for the applicant seeks permission of this Court to withdraw this application.
5. It is, accordingly, dismissed as withdrawn.
