Girraj vs State Of M.P

G.S. Ahluwalia, J

This fourth application under Section 439 of Cr.P.C. has been filed for grant of bail. Previous application was dismissed by order dated 4.10.2021 passed in M.Cr.C. No. 49102/2021.

The applicant has been arrested on 28.01.2021 in connection with Crime No.142/2020 registered at Police Station Chinore Distt. Gwalior for offence under Sections 307, 456, 506/34 of IPC and amendment Section 302 of IPC.

It is submitted by the counsel for the applicant that all the material witnesses have been examined and they have not supported the prosecution case. Initially an objection was raised by the Counsel for the State that prosecution witness Laxman has not been examined, but it was submitted by Smt. Uma Kushwaha that she has preferred Criminal Revision No. 2783/2021 for grant of bail to a juvenile and in the said criminal revision she has also filed a copy of the deposition sheet of Laxman and he too has not supported the prosecution case.

A copy of the deposition of Laxman was shown to the Counsel for the State and after going through the same, he conceded that at present all the material witnesses have been examined and there is no circumstantial evidence against the applicant. However, it is further submitted by the Counsel for the State that it appears that either witnesses have given false information to the police or they have not narrated the truth before the trial Court, therefore, they are liable to be prosecuted for giving false evidence.

Heard the learned Counsel for the parties.

So far as the contention of the Counsel for State that witnesses are required to be prosecuted for giving false evidence is concerned, this Court is of the considered opinion that it is a matter which is to be adjudicated by the trial Court at the time of final disposal of the trial, therefore, it is directed that the trial Court while deciding the case shall keep this aspect in mind and give a specific finding as to whether prosecution of witnesses for giving false evidence is desirable or not.

Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.