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Judgment
9 paragraphs · 262 wordsSheel Nagu, J
The petitioner has filed this seventh application u/S.439 Cr.P.C. for grant of bail after rejection of earlier one which was dismissed on 05.12.2020 in M.Cr.C. No.41207/2020.
The petitioner has been arrested on 30.09.2018 by Police Station-Bahodapur, district Gwalior (M.P.), in connection with Crime No.770/2018 registered in relation to the offences punishable u/Ss. 394, 395, 396, 397 of IPC and Section 11/13 of MPDVPK Act and Section 25/27 of Arms Act.
Learned counsel for 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.
The new ground raised is that some of main PWs have since been subjected to examination and cross-examination and period of custody suffered by petitioner is more than two and half years.
Learned counsel for the State submits that few main PWs are yet to be examined, namely, Mohammed Hafiz, Indal Singh and Devendra Batham.
Learned counsel for the petitioner points out from the record that Mohammed Hafiz and Indal Singh have since been given up by prosecution on 19.03.2021 and 22.03.2021. However, learned counsel for petitioner does not dispute that Devendra Batham who is also main witness has yet not been examined.
Looking to the gravity of offence, it wold be appropriate to consider the request for bail after examination of all main prosecution witnesses.
Accordingly, present bail application stands dismissed with liberty to come again after examination of main prosecution witnesses or if the trial gets further delayed, whichever is earlier.