High CourtsSingle Bench

Pankaj vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 25 October 2023 · Citation: (2023) 10 MP CK 0117

HON’BLE JUDGES
Vivek Rusia, 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. 46673 Of 2023
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Judgment

5 paragraphs · 176 words

Vivek Rusia, J

1.

This is the first application under Section 439 of Code of Criminal Procedure, 1973 for grant of bail filed by the applicant- Pankaj who is in custody since 12.05.2022 in connection with Crime No.209/2022 registered at Police Station Makdon, District Ujjain, for the offence punishable under Section 302/34 of IPC.

2.

This application is filed on the ground of period of custody i.e. 16 months in the jail. The prosecution has examined eye-witnesses and they are supporting the case of prosecution. There is a recovery of iron rod for this present applicant, multiple injuries were caused to the deceased because of the previous enmity and due to which he died.

3.

The date of custody is not too much which can be claimed by this applicant as a matter of right for bail. There is a substantial progress in the trial looking to the last pendency of the case before the trial.

4.

In view of the above, no case for grant of bail is made out. Accordingly, this M.Cr.C. stands dismissed.