High Court Madhya Pradesh High Court

Mukesh vs The State Of Madhya Pradesh on 15 July, 2010

Madhya Pradesh High Court
Mukesh vs The State Of Madhya Pradesh on 15 July, 2010
                     M.Cr.C. No.5781/2010
15.7.2010
     Shri L. N. Sakle, counsel for the applicant.
     Shri S. K. Kashyap         Public Prosecutor      for the
respondent/State.

Heard on IA. No.10516/2010, an application for
urgent hearing.

Since case diary is available, application is allowed.
Heard both the parties.

Case diary of Crime No.269 of 2009 registered at
Police Station Harda, District Harda for offence
punishable under Sections 365, 302 read with Section 34
of I.P.C is perused.

The applicant is arrested in connection with the
aforesaid crime on 18.6.2009.

This is the third bail application on behalf of the
present applicant.

Learned counsel for the applicant submits that all
important witnesses in the matter turned hostile. At
present only witness Tejram is to be examined. Though
he is the witness on the point of last seen together but,
his statements were taken by the police three weeks
after the incident and he is a prepared witness. All
family members of the deceased have also turned hostile
and, therefore, looking to these changed circumstances,
he prays for bail.

Learned Public Prosecutor opposes the application.

After perusing the case diary and hearing aforesaid
arguments, without expressing any view on the merits of
the case, I am of the opinion that this is a fit case in
which bail may be granted to the applicant namely
Mukesh.

Therefore, application of the applicant Mukesh
under Section 439 Cr.P.C. is hereby allowed. He be
released on bail on furnishing of a bond in sum of
Rs.50,000/- (Rupees fifty thousand) with one surety
bond of the like sum to the satisfaction of trial Court to
appear before the trial Court on the dates given by the
concerned Court.

Certified copy if applied.

(N.K. Gupta)
Judge
bina