Madhya Pradesh High Court
Manoj Shukla vs The State Of Madhya Pradesh on 8 May, 2018
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.7472/2018
(Manoj Shukla Vs. State of M.P.)
Jabalpur, Dated:08.05.2018
Shri Bhupendra Kumar Shukla, Advocate for the applicant.
Smt. Sourabh Shrivastava, Public Prosecutor for the
respondent/State.
Learned counsel for the rival parties are heard. Applicant apprehends arrest in connection with offences punishable u/Ss.227 of IPC and 31(D) of Prisoner Act registered as Crime No.99/2004 at Police Station Civil Line, District-Rewa.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.
The allegation is that while suffering sentence on being convicted for an offence of murder, the applicant was released on parole by the State of Madhya Pradesh. The applicant violated the conditions of parole and during the period of parole he committed another murder.
Learned counsel for the applicant submits that in subsequent offence of murder, the applicant has since been acquitted by Delhi High Court in an appeal.
In the considered opinion of this Court, acquittal of the applicant in the subsequent murder is of no avail to him as his conduct during the period of parole by misusing the conditions subject to which the same was granted is the subject matter herein. The applicant is said to be in custody since 10.02.2012 and is facing trial.
It would be appropriate to allow the principal prosecution witnesses to be examined. Therefore, for the time being, the present bail application stands dismissed with liberty to revive the 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.7472/2018 (Manoj Shukla Vs. State of M.P.) prayer after examination of principal prosecution witness or if the trial gets further delayed, whichever is earlier.
C.C. as per rules.
(Sheel Nagu) Judge pnm Digitally signed by POONAM LONDHE Date: 2018.05.09 19:18:29 +05'30'