Madhya Pradesh High Court
Balveer Singh vs The State Of Madhya Pradesh on 27 October, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.51742/2021
Balveer Singh Vs. State of M.P.
Gwalior, Dated: 27-10-2021
Shri FA Shah, Advocate for applicant.
Ms. Padamshri Agrawal, Panel Lawyer for respondent/State.
Case diary is available.
This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed as withdrawn by order dated 3/6/2021 passed in M.Cr.C. No.26496/2021.
The applicant has been arrested on 17/3/2021 in connection with Crime No.52/2021 registered at Police Station Sirsaud, District Shivpuri for offence under Section 394/34 of IPC and Section 11/13 of the MPDVPK, Act.
It is submitted by the counsel for the applicant that the driver of the vehicle, namely, Aman Khatik (PW-1) has been examined and he has not supported the prosecution case. Similarly, Balveer Singh (PW-2) has also not supported the prosecution case. However, it is fairly conceded that Bhagirath Shivhare (PW-3), who is the owner of loading vehicle, has been examined and he has specifically stated that he had purchased the said vehicle from the present applicant for a consideration amount of Rs.1,60,000/-.
Although the applicant has not filed the copy of the deposition- sheet of Bhagirath Shivhare, but the co-accused Dharam Singh has 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.51742/2021 Balveer Singh Vs. State of M.P. filed a copy of the said deposition-sheet in M.Cr.C. No.51535/2021, which is also listed alongwith this case. From the evidence of Bhagirath Shivhare (PW-3), it is clear that the vehicle of Bhagirath Shivhare was forcibly taken away by two persons. Bhagirath Shivhare has also proved the form No.30, sale letter, registration as well as affidavit to show that he had purchased the vehicle from Balveer. According to the prosecution case, the vehicle was seized from the possession of the applicant. Furthermore, according to the State counsel, the applicant has a criminal history and as many as 18 criminal cases have been registered against him including under Sections 302 and 420 of IPC.
In reply, it is submitted by Shri Shah that the applicant has been convicted in an offence under Section 420 of IPC and his appeal is pending.
Be that whatever it may.
The fact is that Bhagirath Shivhare had purchased the vehicle from the applicant and on the fateful day the said vehicle was forcibly taken away from the possession of the driver, who is an employee of Bhagirath. Aman Khatik (PW-1) has turned hostile only on the question of identity and he has also stated that two persons had forcibly taken away his vehicle form his possession. As the vehicle in question has been seized from the possession of the 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.51742/2021 Balveer Singh Vs. State of M.P. applicant, therefore, it is clear that merely because Aman Khatik (PW-1) has turned hostile on the question of identity, would not be beneficial to the applicant. The previous bail application of the applicant has already been dismissed on merits. As no change in circumstance could be pointed out by the counsel for the applicant, accordingly, the application fails and is hereby dismissed.
(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2021.10.28 18:01:44 +05'30'