High CourtsSingle Bench

Malti Sikarwar vs State Of M.P

Madhya Pradesh High Court · Decided on 4 April 2022 · Citation: (2022) 04 MP CK 0008

HON’BLE JUDGES
G.S. Ahluwalia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 302
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No. 15660 Of 2022
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Judgment

7 paragraphs · 196 words

G.S. Ahluwalia, J

This fourth application under Section 439 of Cr.P.C. has been filed for grant of bail. Third bail application of the applicant was temporarily allowed by order dated 05/05/2021 passed in MCRC No.21800/2021.

The applicant has been arrested on 17/07/2020 in connection with Crime No.338/2020 registered at Police Station Gole Ka Mandir, District Gwalior for offence under Sections 302 and 34 of IPC.

It is submitted by the counsels for the applicant that the applicant is aged about 64 years, she was released on temporary parole for a period of 90 days, which has not been misused by her and she is in jail for the last one and half years.

Per contra, the application is vehemently opposed by the counsel for the State as well as counsel for the complainant. It is submitted by the counsel for the State that second bail application of the applicant has already been dismissed on merits by order dated 10/11/2020 passed in MCRC No.42292/2020.

In view of the fact that the second bail application has already been dismissed on merits, no case is made out for grant of bail.

Accordingly, the application fails and is hereby dismissed.