Madhya Pradesh High Court
Sunil Ahirwar vs The State Of Madhya Pradesh on 8 December, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 59505/2021
(SUNIL AHIRWAR Vs STATE OF MADHYA PRADESH)
Gwalior, Dated : 08/12/2021
Shri Pushpendra Bhargava, Counsel for applicant.
Shri C.P. Singh, Counsel for State.
Case diary is available.
This is sixth application filed under Section 439 of Cr.P.C. for
grant of bail. The fifth bail application was dismissed by order dated
21.09.2021 passed in M.Cr.C. No.46631/2021.
The applicant has been arrested on 11.2.2021 in connection
with Crime No.310/2020 registered at Police Station Piprai, District
Ashoknagar for offence under Section 306, 34 of IPC.
It is submitted by Counsel for the applicant that the material
witnesses have turned hostile and they have not supported the
prosecution case.
Per contra, the application is vehemently opposed by Counsel
for the respondent/State. It is submitted that Kartar and Jaipal are yet
to be examined.
Heard the learned counsel for the parties. The Court by order dated 29.06.2021 passed in M.Cr.C. No.31852/2021, while rejecting the fourth bail application had found that the third bail application was filed along-with the affidavits of witnesses which were obtained after the rejection of second bail application and by those affidavits, the witnesses had given a clean 2 THE HIGH COURT OF MADHYA PRADESH MCRC No. 59505/2021 (SUNIL AHIRWAR Vs STATE OF MADHYA PRADESH) chit to the applicant. Thus, considering that the applicant is actively involved in pressurizing and winning over the witnesses and has also succeeded in obtaining the affidavits of witnesses, contrary to the allegations which were made by them in the statements under Section 161 of Cr.P.C, the third bail application of applicant was rejected. Similarly, the fifth bail application was rejected by order dated 21.09.2021 passed in M.Cr.C. No.46631/2021.
Considering the fact that applicant was actively involved in winning over the witnesses, and therefore, some of the witnesses have turned hostile and coupled with the fact that the other material witnesses are yet to be examined, no case is made out for grant of bail.
The application fails and is hereby dismissed.
(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2021.12.08 17:19:51 +05'30'