ORDER

This second application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.476/2021 registered at Police Station Parasia District Chhindwara, for the offence punishable under Sections 302 and 34 of IPC and Section 25(1-kha) of Arms Act. Earlier application of the applicant was dismissed as withdrawn vide order dated

12/09/2022.

Counsel for the applicant submits that applicant is in jail since 21/12/2021. He further submits that this application has been filed mainly on the ground that material witness i.e PW-13-Dr.Suchitra Sharma got examined. He submits that as per the statement of doctor though the injuries were caused by the accused by sharp edged weapon, but the same were not caused on any vital part of the body. The doctor has further stated that grievous injury means any injury caused on muscle and any particular part of the body which stop the functioning of the body. She stated that she is not in a position to explain whether working of any part of the body of the deceased was stopped or not. She has also stated that what is possibility and what is confirmed. She further stated that