Madhya Pradesh High Court
Brajendra Singh Verma vs Central Bureau Of Investigation on 1 December, 2015
M.Cr.C. No.10038/2015
01.12.2015
Ms. Sharmila Sharma, learned counsel for the
applicant.
Shri Kushal Goyal, learned counsel for the
respondent/C.B.I.
This is third bail application filed by the applicant under section 439 of the Code of Criminal Procedure for grant of bail. The first bail application was dismissed as withdrawn with liberty to file a fresh application after three months on 17.07.2015 in M.Cr.C. No.4262/2015 and the second application for temporary bail was also dismissed on 26.08.2015 in M.Cr.C. No.7076/2015. This third application is filed on the ground that there is no progress in the trial of the case.
Learned counsel for the applicant submits that she has filed a certified copy of the proceedings which shows that till 23.08.2015, no counsel was appointed by the present applicant. She further submits that the prosecution witnesses were also not present on various dates.
Learned counsel for the State submits that on next date of hearing, he will take all the endeavour to keep the prosecution witnesses present before the trial court with a direction to the prosecution agency, which is CBI in this case that all the dates of hearing, the prosecution witnesses should remain present and should be served summons and warrants issued by the court promptly.
With this direction to the CBI, one last opportunity is granted to the respondent to expedite the trial and also a liberty is granted to the present applicant to renew his prayer after four months, if no progress is shown.
With that liberty and direction, this third application is dismissed as not tenable.
Certified copy as per rules.
(Alok Verma) Judge Kafeel