Madhya Pradesh High Court
Pappu @ Sunil Kumar Baiga vs The State Of Madhya Pradesh on 11 November, 2021
Author: Vishal Mishra
Bench: Vishal Mishra
1 MCRC-52153-2021
The High Court Of Madhya Pradesh
MCRC No. 52153 of 2021
(PAPPU @ SUNIL KUMAR BAIGA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
4
Jabalpur, Dated : 11-11-2021
Shri Ramsharan Rathore, counsel for the petitioner.
Shri Anshul Mishra, Panel Lawyer for the respondent-State.
Shri Anurag Jamdar, Sub Inspector, Police Station Kotwali, District- Dindori is present in person.
In pursuance to the order passed by this Court on 8.11.2021, the In-
charge Station House Officer, Dindori is present before this Court. It is pointed out that despite repeated efforts been made by the I.O., S.H.O. as well as S.P. District Dindori, no correspondence is been received.
From perusal of the letter dated 9.11.2021, it is seen that the reference of earlier letter 22.7.2020 and 29.8.2021 has been quoted by the S.P. Dindori to give his explanation for the delay been caused in calling the F.S.L. report. However, at the time of consideration of the earlier application the aforesaid aspect was considered by this Court and the application M.Cr.C. No.31168/2021 was dismissed as withdrawn on the assurance given by the State counsel on instructions that they will produce the F.S.L. report positively. The order was passed on 9.9.2021,. The letter does not reflect any subsequent action taken by the authorities even the S.P. Dindori.
The applicant is in custody since 15.7.2020. The age of prosecutrix is 14 years and 8 months at the time of commission of offence. However, in the statement given before the trial Court, victim, her parents (father and mother) have been declared hostile. The entire case depends upon the F.S.L. report. The sample was sent for chemical analysis to the laboratory on 22.7.2020 but despite of lapse of almost 1-1/2 year, there is no result/report.
Counsel for the State submits that applicant is first offender as per case diary records.
Signature Not Verified SANLooking to the long custody period of the applicant as well as the fact Digitally signed by MOHD IRFAN SIDDIQUI Date: 2021.11.12 10:33:39 IST 2 MCRC-52153-2021 that the victim as well as her parents have not supported the prosecution and has declared hostile. The applicant cannot be put behind the bar for the fault of the prosecution agency. In such circumstances, deems it appropriate to allow the bail application, subject to verification that he is first offender. The applicant be released on bail on his furnishing a surety bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.
Application stands allowed and disposed of.
Let the order be sent to the Principal Secretary, Home Department for issuing appropriate direction with respect to calling of F.S.L. report at an early date in such offences.
Certified copy as per rules.
(VISHAL MISHRA) JUDGE irfan Signature Not Verified SAN Digitally signed by MOHD IRFAN SIDDIQUI Date: 2021.11.12 10:33:39 IST