Madhya Pradesh High Court
Smt. Jamnabai Bheel vs The State Of Madhya Pradesh on 29 May, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1 CRA-2650-2020
The High Court Of Madhya Pradesh
CRA-2650-2020
(SMT. JAMNABAI BHEEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)
5
Gwalior, Dated : 29-05-2020
Shri Nitin Sharma, Advocate for the appellant.
Shri Anoop Nigam, Panel Lawyer for the respondent/State.
I n the wake of unprecedented and uncertain situations due to the outbreak of Novel Corona Virus COVID-19 and considering the advisories issued by the Government of India, this application is being heard and decided through video conferencing to maintain social distancing. The parties are being represented through their respective counsels through VC and therefore, norms of social distancing/physical distancing were followed in letter and spirit.
The appellant has filed this First Appeal under Sec. 14-A (1) of SC/ST Act for grant of bail. The appellant has been arrested by Police Station Bajranggarh Distt. Guna in connection with Crime No. 203/2019 registered in relation to the offences punishable under Secs. 302 of the IPC and 3 (2)
(v) of the SC/ST Act.
It is submitted that investigation is over and charge-sheet has been filed on 15. 10. 2019. There is no direct evidence available against the present appellant to implicate him for commission of offence. The only so stated eye witness namely Kallu has been examined before the trial court and he has not supported the prosecution version. It is further submitted that PW-3 Kallu Bheel was examined on 24.2. 2020 who has been declared hostile. There was no eye witness of the incident. He is in custody since 29.11. 2019. He is ready to abide by all the conditions to be imposed by this court. It is submitted that six witnesses have been examined before the trial court. Till date principal witnesses have been examined and now the witnesses of police authorities remained to be examined before the trial court.
P e r contra State counsel has opposed the application and has 2 CRA-2650-2020 submitted that PW-3 Kalu Ram has stated against the present appellant in his statement under Sec. 161 of the Cr.P.C but could not dispute the factum that in the statement recorded before the trial court he has turned hostile. He has drawn attention of this court statement of Kamal Bheel wherein he has stated that Jamuna Bai has told him that Harveer and Jamuna Bai herself have killed Shankar Bheel. There is recovery of rod from the present appellant, however, recovery of blood stained Axe is from the house of Jamuna Bai. It is submitted that several witnesses are still to be examined before the trial court. He has prayed for dismissal of the appeal.
Considering the overall facts and circumstances of the case and also the fact that several witnesses are still remained to be examined before the trial court and this is a case relating to offence punishable under Sec. 302 of the IPC, this court does not deem it appropriate to allow the appeal which is accordingly rejected, however, liberty is extended to the appellant to revive his prayer for bail after recording statement of material witnesses.
(VISHAL MISHRA) JUDGE ar Digitally signed by ABDUR RAHMAN Date: 2020.05.30 12:36:31 +05'30'