Madhya Pradesh High Court
Ankit Jain @ Annu vs The State Of Madhya Pradesh on 1 July, 2020
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC 17907/2020
Ankit Jain alias Annu vs. State of MP
Gwalior, Dated : 01/07/2020
Shri Sushil Goswami, counsel for the applicant.
Shri Rajesh Kumar Shukla, Deputy Advocate General for the
respondent/ State.
Heard finally through Video Conferencing. Case diary is available.
This 7th application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 08/11/2017 in connection with Crime No.60/2027 registered at Police Station Karahiya, District Gwalior for offence under Sections 376, 366, 506 of IPC.
It is submitted by the counsel for the applicant that there is a considerable delay in trial and there is no possibility of any further progress in trial because the co-accused persons, who have been added as accused in exercise of power under Section 193 of CrPC, are still absconding and the case is still at the stage of their appearance.
Considered the submissions made by the counsel for the applicant.
The second application was decided by this Court by order dated 20/02/2018 passed in MCRC No.6424/2028 on merits. Thereafter, the sixth application as well as seventh application were THE HIGH COURT OF MADHYA PRADESH MCRC 17907/2020 Ankit Jain alias Annu vs. State of MP filed on the ground of delay. The seventh application was dismissed by order dated 09/09/2019 passed in MCRC No.37180/2019 by mentioning the fact that the co-accused persons have not surrendered before the Trial Court.
From the details of the bail applications of the co-accused persons, it appears that the third application of the co-accused Sanat Kumar Jain, which was filed under Section 438 of CrPC, was dismissed as withdrawn by order dated 24/02/2020 passed in MCRC No.5600 of 2020 and the repeat application of the co-accused Praveen alias Sheru Jain was dismissed by order dated 26/12/2019 passed in MCRC No.53667/2019 and in spite of the rejection of their applications for anticipatory bail, they have not surrendered and, therefore, the trial is getting delayed.
Since the prosecution cannot be said to be responsible for delay and the applicant cannot be permitted to take advantage of the fact that the co-accused are absconding in spite of the rejection of their applications under Section 438 of CrPC, therefore, considering the allegations made against the applicant as well as the fact that the prosecution is not responsible for delay, this application fails and is hereby dismissed.
(G.S. Ahluwalia) Judge MKB Digitally signed by MAHENDRA KUMAR BARIK DN: c=IN, o=HIGH COURT OF MADHYA MAHENDRA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, KUMAR BARIK 2.5.4.20=f592da990684fe30f8e1e29a4a1a9e34 51ee450d883083a8e4cc8020eee6f7cb, cn=MAHENDRA KUMAR BARIK Date: 2020.07.02 11:18:27 +05'30'