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G. S. AHLUWALIA
Sukhdev Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed on merits by order dt.14.06.2021 passed in M.Cr.C. No.28338/2021.
The applicant has been arrested on 23.03.2021 in connection with Crime No.128/2021 registered at Police Station Purani Chhawani, Distt. Gwalior for offence under Sections 304-a, 304 of IPC.
It is submitted by the counsel for the applicant that the applicant is the driver of the offending vehicle, which dashed the auto rickshaw causing death of 13 persons. The applicant is in jail from 23.03.2021. He was never released on temporary parole/bail. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that previous bail applications of the applicant were rejected on merits. However, it is fairly conceded that the second bail application was rejected on 14.06.2021 and the present application has been filed after expiry of more than six months from the date of rejection of second bail application and t
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.
Granting bail on stringent conditions to prevent delay in trial and ensure the applicant's accountability.
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.
Lack of prosecution and interest by the applicant can lead to dismissal of a bail application.
Prolonged incarceration justifies reconsideration of bail applications; prior rejections do not prevent courts from reevaluating bail based on changed circumstances.
The examination of the victim is a crucial factor in considering bail applications under Section 439 of Cr.P.C.
The court has the discretion to grant bail on stringent conditions, taking into account the period of detention, the circumstances of the case, and the lack of improvement in the applicant's life.
The court has the discretion to grant bail under Section 439 of Cr.P.C. based on the facts and circumstances of the case, without commenting on the merits of the case.
The court may grant bail under Section 439 of Cr.P.C. based on the absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial, while imposing specific condi....
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