1996 Supreme(MP) 1367

IN THE HIGH COURT OF MADHYA PRADESH
RAJEEV GUPTA, J.
Hiralal – Appellant
Versus
State of M.P. – Respondent
Misc. Cr. Case No. 3802 of 1996 (J)
Decided On : 30-08-1996

Headnote:(1) Criminal Procedure Code, 1973 - S. 439 - petition for bail - case diary not received even after lapse of one months though requisitioned - no further time can be allowed.

       (2) Criminal Procedure Code, 1973 - S. 439 - Indian Penal Code, 1860 - S. 302 - murder - applicant alleged to have caused injuries on thighs - under custody for last 3 years - recording of evidence not commenced - entitled to bail.

       Short Note

       1. Shri Khare prays for 2 weeks time, as he has not received the police case diary, though the same has already been requisitioned.

       2. Shri Pandey opposes the above prayer and submits that the present bail petition was filed on 22.7.96, and as such the State had had enough time of more than I month for obtaining the police case diary, if it was so desired. Shri Pandey further submitted that similarly placed co - accused Tikaram has already been granted bail by this Court, vide order dated 10.5.96 (Arinx. A), passed in M.Cr.C. No. 1202/96.

       3. In view of the above fact, the prayer of Shri Khare, being unreasonable, is refused. Petitioner Hiralal has filed this second petition, for bail, u/s. 439 CrPC. His first petition was dismissed for want of prosecution vide order dated 7.9.95, passed in M.Cr.C. No. 2450/95.

       4. Petitioner Hiralal alongwith co - accused Tikaram and others are alleged to have assaulted deceased Madan, in the night of 18.7.93. Petitioner Hiralal and co - accused Tikaram are alleged to have caused injuries on the thighs of the deceased. Petitioner Hiralal was arrested on 19.7.93, and as such is in custody for the last more than 3 years. Co - accused Tikaram was granted bail by this Court, vide order dated 10.5.96 on the ground that he was in custody for the last more than 2 - 1/2 years, and the recording of the evidence had not commenced at the trial.

       5. Taking a cumulative view of the above mentioned broad features of the case and on considering the pre - trial detention of the petitioner, of more than 3 years, the second petition for bail u/s. 439 CrPC is allowed. Petitioner Hiralal shall be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/ - (Rupees Ten Thousand only) with one surety in the like amount to the satisfaction of CJM, Hoshangabad, for his appearance in the trial Court.

       C.C. as per rules.