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Madhya Pradesh High Court · body

2014 DIGILAW 824 (MP)

Banti Sharma v. State of M. P.

2014-07-14

D.K.PALIWAL

body2014
JUDGMENT D.K. Paliwal, J. 1. Heard. 2. This is third bail application filed under Section 439 of Cr.P.C. The second bail application has been dismissed vide order dated 4.3.2014 passed in M.Cr.C. No. 888/2014. The applicant has been arrested in Crime No. 295/2013 registered at Police Station, Dehat Bhind, District Bhind, under Sections 307/34 of IPC. 3. As per the prosecution case, Rocky informed the complainant that he was coming after examination. Bunty Sharma alongwith one another met and fired a shot from Katta with an intention to kill him. On this information the complainant and Ramkumar reached the spot and found Rocky in injured condition. He was taken to hospital and report was lodged by the complainant. 4. Learned counsel submits that after dismissal of the second bail application no progress has been made in the trial. On 8.5.2014 one witness R.S. Diwakar was present, but he was discharged from examination on account of his ill health. No other witnesses were present. On 4.6.2014 also witnesses were not present. The applicant is in custody since 17.8.2013. Trial will take some time. Therefore, the applicant be released on bail. 5. The application is opposed by learned Public Prosecutor. 6. On perusal of the certified copy of the order sheet it appears that after rejection of second bail application on 4.3.2014 only one witness Dr. Sourabh Jain (PW-1) has been examined and the case is fixed for examining the other witnesses on 21st and 22nd July, 2014. Keeping in view that the trial will take time, the applicant is under custody for about 11 months and the applicant is aged 21 years student, but without commenting on the merit of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court. 7. This order will remain operative subject to compliance of the following conditions by the applicant:- 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. 7. This order will remain operative subject to compliance of the following conditions by the applicant:- 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit an offence similar to the offence of which he is accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 8. A copy of this order be sent to the Court concerned for compliance. 9. C.c. as per rules.