Madhya Pradesh High Court
Manoj Kushwaha vs The State Of Madhya Pradesh on 25 September, 2019
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1 MCRC-36689-2019
The High Court Of Madhya Pradesh
MCRC-36689-2019
(MANOJ KUSHWAHA Vs THE STATE OF MADHYA PRADESH) Jabalpur, Dated : 25-09-2019 Shri Vasant Daniel with Shri Narayan Singh Parmar, learned counsel for the applicant.
Shri Ritik Parashar, learned Panel Lawyer for the non-applicant/State. This is fifth application under Section 439 of Cr.P.C. for grant of bail on behalf of applicant Manoj Kushwaha, who is in custody since 16.02.2017 in connection with Crime No.512/2016 registered at Police Station Sihora District Jabalpur for the offence punishable under Sections 294, 323, 506, 302 and 506/34 of IPC.
The first application, being M.Cr.C. No.8370/2017 was dismissed on 10.07.2017 for want of prosecution and the second application, being M.Cr.C. No.15048/2017 was dismissed as withdrawn on 05.01.2018.
The third one was dismissed with liberty to file the application after examination of the Doctor, vide order dated 9.7.2018 in M.Cr.C. No.13601 of 2018.
The fourth one was disposed of with direction to the trial court to expedite the trial, vide order dated 19.2.2019 in M.Cr.C. No.5831 of 2019.
Learned counsel for the applicant submits that all the three accused have beaten the deceased due to which he died. Thus, he prays for parity with those accused, who have been enlarged on bail.
Learned PL submits that apart from this case, one more case under Section 294 and 323 of IPC is pending against the applicant and on the basis of dying declaration the bail granted to other two persons is liable to be cancelled.
Having heard the counsel for the parties and after perusal of the statements of prosecution witnesses, this court is not inclined grant bail to the applicant. Thus, it is dismissed on merits.
Digitally signed by BASANT KUMAR SHRIVAS Date: 25/09/2019 23:44:162 MCRC-36689-2019 (SUBODH ABHYANKAR) JUDGE bks Digitally signed by BASANT KUMAR SHRIVAS Date: 25/09/2019 23:44:16