SHYAMKUMAR Vs. STATE OF MP

JUDGEMENT

(1.) HEARD on second bail application under section 439 of the Criminal Procedure Code. The first application was rejected on merits on 13.9.2000. In this application issues concerning merits of the case have been raised again, which have already been considered while rejecting the earlier application. The only new circumstance canvassed is that the applicant is in custody or about 10 months. A rejoinder too has been filed incorporating issues touching the merits of the case and bringing to the notice of the Court that the case has been committed and is likely to be tried by Sessions Judge at Gwalior and the trial has yet to begin.

(2.) AS regards merits of the case, no such ground was shown or demonstrated justifying reopening or reconsideration of the case. During arguments, it was submitted that all the male members of the family of applicant are in jail. It was further submitted that wife of the applicant is also apprehended in the present case and her application for grant of anticipatory bail has been rejected. It was submitted that the wife of the applicant is very much willing to surrender after rejection of her bail application, but the only practical difficulty coming in the way of her surrendering is that the two minor children are also dependent on her, and in the event of her detention in jail. there is nobody left to look after them. Learned counsel assured and wanted to undertake the responsibility to make the wife surrender if the applicant was released on bail so that the two children could be looked after by the applicant. It may appear a practical solution convenient to the parties, but as regards the Court, it may not be practical.