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2024 Supreme(Online)(MP) 7051
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 31st OF MAY, 2024
MISC. CRIMINAL CASE No. 20778 of 2024
BETWEEN:-
SANJU PAWAR S/O SHRI ANOKHI PAWAR OCCUPATION:
LABOURER GRAM ADULT, P.S. DHANGAON, DISTRICT
KHANDW
A. PRESENT ADDRESS: SIMROL, INDORE
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI GURUMEET SINGH DANG - ADVOCATE)
AND
THE STATE OF MADHY
A PRADESH STATION HOUSE
OFFICER
THROUGH
POLICE
STATION
SIMROL
DISTRICT INDORE (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI VINOD THAKUR - P.L. FOR STATE AND MS. MADHURI JOSHI -
ADVOCATE FOR OBJECTOR)
This application coming on for admission this day, the court passed the
following:
Gurumeet Singh Dang,Advocate General
ORDER
1. They are heard. Perused the case diary / challan papers.
2. This is the second bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he/ she is implicated in connection with Crime No.557/2022 registered at Police Station Simrol, District Indore (MP) for offence punishable under Sections 323, 294, 302 and 34 of Indian Penal Code, 1860. The applicant is in custody since 14/12/2022.
3. His earlier bail application M.Cr.C. No.30006 of 2023 was dismissed by this Court vide order dated 07.07.2023 with liberty to renew the prayer after the FSL report is received.
4. Counsel for the applicant has submitted that the FSL report has been filed and the stick, which has been recovered at the instance of the present applicant has been found to be sustained with blood, which was not found to be sufficient. It is also submitted that the material prosecution witnesses have been examined and they have not supported the case of the prosecution. Thus, it is submitted that the application be allowed.
5. The prayer is opposed by the counsel for the objector and it is submitted that no case for interference is made out as even though blood was disintegrated, but still it was a blood and it is to be explained by the applicant in the trial Court. It is also submitted that the applicant was involved in the case as has also been identified by the witnesses and the murder has been committed by the applicant and the other co-accused persons on a trivial dispute relating to payment of bill by the complainant party in the Dhaba.
6. Counsel for the State has also opposed the prayer and it is submitted that in the CCTV footage the present applicant can be seen assaulting the deceased Deepak and his friends with stick.
7. Having considered rival submissions, perusal of the case-diary, the FSL and the DVR panchnama, this Court is of the considered opinion that the applicant's involvement in the aforesaid case is apparent and merely because he is in jail since 14.12.2022 and the other witnesses, who were the friends of the deceased, have not supported the case of the prosecution, he cannot claim the benefit of bail.
8. Accordingly, the application being devoid of merits, is hereby dismissed . (SUBODH ABHYANKAR) JUDGE Pankaj
