Kuldeep @ Pintu Kirar vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

This fifth application under Section 439 of Cr.P.C. has been filed for grant of bail. The fourth application was dismissed by order dated 22.6.2022 passed in M.Cr.C.No.24986/2022.

The applicant has been arrested on 2.11.2021 in connection with Crime No.447/2021 registered at Police Station Bhitarwar, District Gwalior for offence under Sections 394, 506 of IPC, under Section 11/13 of MPDVPK Act and under Section 25, 27 of the Arms Act.

It is submitted by the counsel for the applicant that the complainant Akash, Rajkumar and Hari Singh have been examined and they have turned hostile qua the applicant. Even otherwise the allegations were that complainant was coming back from Deendayal Stadium after watching cricket match and when they reached near Parvati Bridge, they were way laid by the applicant and other co-accused Manoj Jatav and Shahid Khan. Shahid Khan took out the Adhiya and forcibly snatched an amount of Rs.9,200/- whereas the applicant took away Rs.3,400/- from the pocket of Hari Jatav. Shahid Khan also tried to snatch the purse of Rajkumar and when Rajkumar resisted, then he (Shahid Khan and applicant) snached the purse after slapping him, as a result, Rajkumar has sustained an abrasion on his neck. It is submitted that the applicant is in jail from 2.11.2021 i.e. approximately 11 months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. However, after going through the evidence of Akash, Rajkumar and Hari Singh, it is fairly conceded that all the three witnesses have turned hostile qua the applicant but it is submitted that it appears that either the witnesses had made a false report or they have not narrated the true facts before the Court, therefore, they are liable to be prosecuted.

Whether the prosecution of witnesses is desirable or not is left to the discretion of the Trial Court. Therefore, it is directed that the Trial Court while deciding the trial shall address on this issue also and shall pass a specific order as to whether the prosecution of the witnesses is warranted or not.

Considering the facts and circumstances of the case, period of detention and 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 Only) 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.

The application is allowed.