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Judgment
14 paragraphs · 238 wordsG.S. Ahluwalia, J
This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed as withdrawn by order dated
22.10.2021 passed in M.Cr.C.No.48169/2021.
The applicant has been arrested on 21.3.2021 in connection with Crime No.83/2021 registered at Police Station Tyonda, District Vidisha for offence
under Sections 304B, 498A of IPC.
It is submitted by the counsel for the applicant that although the viscera report suggest that the cause of death of the deceased was consumption of
poison but the witnesses are not turning up. To substantiate his submissions, the applicant has filed some of the order sheets of the Trial Court to show
that the witnesses are not turning up.
From the order sheets it is clear that the prosecution witnesses Daulat Singh and Dolly Bai were present on 25.10.2021 but the counsel for the
applicant himself got time to cross-examine them and, accordingly, at the request of the counsel for the applicant their examination was deferred.
Under these circumstances, this Court is of the considered opinion that no case is made out for grant of bail on the ground of delay in trial. However, it
is directed that whenever any witness is present before the Trial Court and for any reason if the defence is not ready to cross-examine the witness,
then the Trial Court, at least shall record his examination-in-chief.
With aforesaid observations the application is dismissed.