PALVINDAR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

(2.) The applicant has filed this seventh application u/S. 439 Cr.P.C . for grant of bail. The applicant has been arrested on 16.03.2017 by Police Station Subhashpura, District Shivpuri (M.P.) in connection with Crime No.22/2017 registered in relation to the offence punishable u/Ss. 394, 34 of IPC and Section 11/13 of MPDVPK Act and Section 25 / 27 of the Arms Act.

(3.) It is submitted by the counsel for the applicant that first application was dismissed as withdrawn with liberty to renew the prayer after evidence of prosecution witnesses is completed or six weeks whichever is earlier by the Coordinate Bench of this Court vide order dated 19.07.2017 passed in M.Cr.C.No.6012/2017. Second bail application was dismissed as withdrawn with liberty to file afresh after the statements of the witnesses are recorded by the Coordinate Bench of this Court vide order dated 13.10.2017 in M.Cr.C.No.11084/2017. Third bail application was dismissed as withdrawn vide order dated 02.02.2018 in M.Cr.C.No.21693/2017. Fourth bail application was dismissed as withdrawn vide order dated 09.03.2018 in M.Cr.C.No. 8084/2018. Fifth bail application was dismissed as withdrawn vide order dated 25.01.2019 in M.Cr.C.No.679/2019 and sixth bail application was disposed off with a direction to the trial Court to expedite the proceedings of the case as early as possible by this Court vide order dated 19.03.2020 in M.Cr.C.No.11935/2020 but owing to lockdown, the trial Courts are not regularly functioning, therefore, the trial Court could not proceed. It is submitted that the applicant is in custody since 16.03.2017. The co-accused has already been enlarged on bail. It is submitted that the application of the applicant could not be considered owing to the fact that the prosecution has shown the criminal history of 13 cases against the present applicant. It is argued that out of 13 cases, order sheets of seven cases have been filed before this Court wherein the applicant has already been acquitted. Two cases shown by the prosecution are not registered against the present applicant. As far as the other cases are concerned, it is argued that the other cases are old cases. The record of which is not available and must have been destroyed because the order sheets could not be traced out. But he submits that except one case registered at Crime No.737/2008, wherein the applicant has been convicted under Section 302 of IPC for life imprisonment wherein the appeal is pending before the Hon'ble Court and the application for suspension of sentence was allowed. He is not being convicted any other offence. It is argued that the offence under Section 302 of IPC is the case of circumstantial evidence and there is no direct connecting link with the present applicant. He submits that the verification of the aforesaid aspect can be made by the authorities. The applicant is ready to abide by all the terms and conditions that may be imposed by this court while considering the application for grant of bail. The applicant has shown his willingness to contribute an amount of Rs.10,000/- towards the PM Care Fund. There is no possibility of his absconding or tampering with the prosecution case. Counsel for the applicant prays for grant of bail to the applicant.