JITENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the ninth application on behalf of the applicant for bail under Section 439 of Cr.P.C. The applicant is in custody since 23.11.2017 in connection with Crime No. 440/2017 registered at police station: Harsood, District Khandwa for the offences under Sections 323 , 294 , 506 and 302 / 34 of the IPC. First application of the applicant being M.Cr.C. Nos. 14648/18 was withdrawn on 17.04.2018. Second, third, fourth and fifth applications being M.Cr.C. Nos.23867/18, 41474/18, 48451/18 and 3757/2019 were dismissed on 10.07.2018, 02.11.2018, 10.12.2018 and 05.02.2019 respectively. Sixth application being M.Cr.C.No.6877/2019 was disposed of on 19.01.2019. Seventh application being M.Cr.C.No.34605/19 was dismissed for want of prosecution on 24.09.2019 and Eighth application being M.Cr.C.No.41851/2019 was withdrawn on 21.01.2020.

(2.) Counsel for the applicant has submitted that while dismissing the earlier application M.Cr.C.No.6877/2019, this Court had directed the learned Judge of the trial Court to expedite the matter and dispose of the same preferably within a period of six months, however, when the trial could not be concluded within the aforesaid period of six months, again M.Cr.C.No. 34605/2019 was filed wherein this Court had further extended the aforesaid period of 6 months to 9 months for conclusion of the trial, however, till date the trial is not concluded and only 16 witnesses out of 25 witnesses have been examined.

(3.) Counsel has further submitted that earlier attention of this Court was not drawn to material fact that the co-accused in the present case namely Pintu has already been granted bail by this Court in M.Cr.C.No.9737/2018. He further submits that the bail of the said co-accused Pintu was granted on the ground that the main allegation is against the present applicant, however, in her deposition P.W.1 has stated that the initial assault on the head was by Pintu only. Thus, it is submitted that there is a material contradiction in her statement and at present, the main assailant has already been granted bail by this Court in M.Cr.C.No.9737/2018. Thus, it is submitted that the case of the applicant is on better footing considering the statement of star witness P.W.1. Thus, it is submitted that as the final conclusion of the trial is likely to take sufficiently long time, the applicant may be released on bail as he is in jail since 23.11.2017.