DAYARAM @ BILLU Vs. STATE OF M P

JUDGEMENT

(1.) Heard.

(2.) This third repeat petition is preferred on behalf of the applicant -Dayaram son of Tiju Kushwaha under Section 439 of Cr.P.C for grant of bail as he is in custody since 24.11.2009 in connection of Crime No. 327/09, registered at Police Station Prithvipur, for the offence under Section 392 of IPC.

(3.) It is noted that alongwith present applicant one another co- accused namely Pellu @ Pahalwan Singh has also been arrested in the matter, who is also facing the judicial custody. It is also noted that earlier first bail petition of this applicant M.Cr.C. NO. 5591/2010 filed jointly with the above mentioned co- accused namely Pellu @ Pahalwan Singh was dismissed on merit, vide order dated 3.8.2010 by extending a liberty to revive the prayer after examining the material prosecution witnesses - the victims Rajendra and Ramesh in trial. Subsequent to this his second petition in M.Cr.C. No. 10377/10 was dismissed as withdrawn, vide order dated 27.1.2011 by extending the liberty to revive the prayer after examining the above mentioned witnesses. Under such liberty after examining above mentioned two witnesses the present petition is preferred.