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2016 DIGILAW 102 (MP)

Dasrath Gurjar v. State of M. P.

2016-02-09

SHEEL NAGU

body2016
ORDER : Sheel Nagu, J. Case Diary is perused. 2. Learned counsel for the rival parties are heard. 3. The applicant has filed this 6th repeat bail application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Maharajpura, District Gwalior in connection with Crime No.289/2009 registered in relation to the offences punishable u/Ss. 302,147, 148, 149, 324 & 307 of IPC. 4. Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. 5. This sixth repeat bail application has been filed after rejection of the earlier one, which was dismissed on merits by order dated 03.09.2015 in M.Cr.C. No. 3313/15. 6. Allegation of murder is alleged. Specific allegation against the applicant is of causing gun-shot injury which has led to death of deceased. 7. The new ground raised in this 6th repeat bail application is prejudice on account of delayed trial as the applicant is in custody since 02.02.2013. 8. On the last occasion, when the 5th bail application was rejected, liberty was granted to come again after recording of statements of remaining eye-witnesses. 9. Eye-witness Raju is the only one whose statement is yet to be recorded. From the order-sheets of the trial Court, it is evident that despite grant of about five months, since the rejection of the last bail applicant, the said eye-witness Raju is yet to be examined and only four out of eighteen enlisted witnesses have been examined till date and therefore trial may take some more time to conclude. 10. State counsel informs that the applicant has criminal antecedents. However judgments of acquittal have been filed indicating that the applicant has been acquitted in majority of the cases constituting criminal antecedents of the applicant. 11. 10. State counsel informs that the applicant has criminal antecedents. However judgments of acquittal have been filed indicating that the applicant has been acquitted in majority of the cases constituting criminal antecedents of the applicant. 11. In view of the above, prima-facie it appears that applicant's right to speedy trial as enshrined under Article 21 of the Constitution of India appears to have been breached and that the early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and the material placed on record does not disclose possibility of the applicant fleeing from justice, this Court is though inclined to extend the benefit of bail to the applicant, but with certain stringent conditions. 12. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lac only) with two solvent sureties, each in the like amount to the satisfaction of the concerned trial Court. 13. 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. 7. The applicant will mark his attendance at the concerned trial Court once every week. A copy of this order be sent to the Court concerned for compliance. C.C. as per rules.