MAHENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard through video conferencing.

(2.) This is the second repeat application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 07/04/2019 in connection with crime No.97/2019 registered at Police Station Udainagar, Dewas for the offence punishable under section 302 of IPC. Earlier, this Court while allowing withdrawal of the application (M.Cr.C. No.41441/2019) on 18/11/2019 has granted liberty to revive the same after examination of Bhagwan Singh or after six weeks, whichever is earlier.

(3.) Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the crime. Investigation is complete. Challan has been filed. The trial is in progress. Witness Bhagwan Singh (PW-5) has turned hostile. Learned counsel further submits that applicant is the son of the deceased Vishram Singh. He has been implicated only on the statement of Bhagwan Singh made under Section 161 of Cr.P.C. that the present applicant had informed him that his father; deceased Vishram Singh had gone to the field in the morning, whereas he had already died in the night. The entire case has been framed on such circumstantial evidence. There is no other incriminating material against the applicant. He has suffered jail incarceration for over a year. He is a poor person and sole bread earner of the family. The family is on the verge of starvation due to his jail incarceration. His further incarceration shall jeopardize life of the family members. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, this Hon'ble Court deems fit and proper.