Lakhansingh vs State Of Madhya Pradesh

Anil Verma, J

This is the fifth application filed by the applicant under Section 439 of Cr.P.C. for grant of regular bail relating to Crime No.338/2014 registered at Police Station Sanwer, District Indore (M.P.) for the offence under Sections 302, 307, 147, 148, 149, 120-B of IPC and under Sections 23 and 27 of the Arms Act.

Applicant's fourth bail application was dismissed vide order dated 16.11.2022, passed in MCRC No.47685/2022.

Status report has been received from the concerned trial Court. As per report 34 prosecution witnesses have been recorded and examination-in-chief of witness Umrao Singh(PW35) has been partly recorded and thereafter only two witnesses have to examined.

Learned counsel for the applicant submits that the applicant is innocent. He is suffering jail incarceration since 2.7.2014. Although his earlier bail application was rejected on merit, but despite the order passed by this Court and several efforts made with regard to the aforesaid, the statement of Umrao Singh(PW35) has not been completely recorded by the trial Court within the stipulated period. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

Per-contra, learned Panel Lawyer for respondent/State opposes the bail application and prays for its rejection by submitting that applicant's earlier bail application was dismissed on merit and there is no material changes in the circumstances. He further submits that the present applicant is the main accused, who had caused injury to the deceased by firing gun shot as a result of which he succumbed to the injuries. He further submitted that Umrao Singh(PW 35) had appeared before the trial Court for recording his evidence on several occasions, but on every occasion, his evidence was not recorded, it is the accused persons, who have taken further time for cross-examination. Hence, the application deserves to be rejected.

Perused the case diary as well as the impugned order of the court below.

Considered all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation and the grounds raised by the applicant.

Looking to the totality of the facts and circumstances of the case and also taking note of the fact that the present applicant is the main accused who had caused gun shot injury to deceased by firing from pistol and so also the fact that Pankaj(PW1) and Mayabai(W2) have specifically deposed in their statement that it is the present applicant, who murdered the deceased by firing from pistol, which has been recovered from the possession of the present applicant and also from perusal of the status report it is found that witness Umarao Singh (PW35) had appeared before the trial Court on several occasions, but his evidence was not recorded and the accused persons have took time for the cross-examination, the applicant and and other co-accused persons are responsible for the delay in recording the evidence of Umarao Singh, this Court without commenting on merits of the case, not inclined to grant bail to the applicant.

Hence, this 5th bail application is rejected