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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
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 The counsel for the applicant sought permission to withdraw the application, which was accordingly dismissed as withdrawn.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Final Decision: The bail application was dismissed as withdrawn.
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 It is, accordingly, dismissed as withdrawn.
The examination of the victim is a crucial factor in considering bail applications under Section 439 of Cr.P.C.
Lack of prosecution and interest by the applicant can lead to dismissal of a bail application.
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 considered the nature of allegations, period of detention, and the applicant's willingness to abide by stringent conditions in granting bail.
Delay in trial does not necessarily warrant grant of bail. Trial Court should record examination-in-chief of witnesses if the defence is not ready to cross-examine them.
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.
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.
At the stage of bail, the court cannot appreciate the evidence led before the Trial Court, and previous dismissals of criminal appeals on merits may impact the consideration of a current appeal.
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 ....
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