Sumit @ Munna Tomar vs State Of Madhya Pradesh

This repeat sixth application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 12/08/2016 in connection with Crime No.583/2015 registered at Police Station Ambah, District Morena for offence under Section 302, 147, 148, 149, 307 and 294 of IPC.

It is submitted by the counsel for the applicant that inspite of the direction given by this Court by its order dated 24/07/2019 passed in MCRC No.30304/2019, there is no progress in the trial. The applicant is in jail from 12/08/2016.

Per contra, the application is opposed by the counsel for the State.

Considered the submissions made by the counsel for the parties.

The allegations against the applicant is that he fired gun shot causing death of the deceased Raju. On 24/07/2019, fifth bail application of the applicant was heard by this Court. The counsel for the State after taking telephonic instructions from the SDO(P), Ambah District Morena had assured that the witnesses would appear before the Trial Court on the next date of listing. It is submitted by the counsel for the applicant that total eight witnesses have been examined and no substantial progress has taken place after 24/07/2019. The applicant has not filed the complete order-sheets of the Trial Court from 24/07/2019 onwards. The applicant has filed limited order-sheets of his choice starting from 06/12/2019. What transpired after 14/07/2019 is not known.

It is submitted by the counsel for the applicant that the Supreme Court in the case of Sharad T. Kabra Vs. Union of India reported in (2018) 14 SCC 493 has granted bail to the appellant who was facing trial for offence under Sections 420, 467, 468 and 471 of IPC, and was in jail for last two years and the trial had not commenced even after filing of charge-sheet.

It is further submitted that the Supreme Court in case of Vijay Kumar Vs. State of Rajasthan reported in (2018) 4 SCC 315 has granted bail on the ground that the applicant who is facing trial for offence under Sections 467, 468 and 471 of IPC is in jail for the last more than one year and the trial had not commenced.

Considered the submissions on the ground of delay.

Since, the applicant has not filed order-sheets from 14/07/2019 onwards, therefore, it is not known that who is responsible for non examination of the witnesses. So far as the judgments on which the applicant has placed reliance is concerned, in both these cases, the trial has not commenced. However, in the present case, the witnesses are being examined and the specific allegations are that he had caused death of the deceased Raju by causing gun shot injury.

Accordingly, this Court is of the considered opinion that it is not a fit case for grant of bail to the applicant.

It is, accordingly, rejected.