SATISH SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This seventh application under Section 439 of Cr.P.C. has been filed for grant of bail. The applicant has been arrested on 10/03/2017 in connection with Crime No.109/017 registered at Police Station Ambah, Morena for offence under Section 307 read with Section 34 of IPC.

(2.) It is submitted by the counsel for the applicant that although the previous application has been rejected after considering the merits of the case but the applicant is in jail from 10 th March, 2017. As the prosecution has not produced the FSL report, therefore, the trial is being adjourned for the examination of one prosecution witness as well as for production of FSL report. It is further submitted that the allegation against the applicant is that he along with the co-accused was harassing the daughter of the complainant who committed suicide and under an apprehension that he might be implicated in a criminal case of abetment of suicide, he went to the house of the complainant along with the co-accused and caused gunshot injuries to the victims. It is further submitted that since the applicant is in jail for three and half years and normal functioning of the Court is under suspension in the wake of Covid 19 pandemic, therefore, there is a possibility of further delay in trial. It is further submitted that in order to ensure that the applicant would neither try to tamper the prosecution case nor would avoid his appearance before the Trial Court, he is ready and willing to furnish a cash surety. Per contra, the application is opposed by the counsel for the State.

(3.) Considered the submissions made by the Counsel for the parties through video conferencing.