JAGDISH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision under Ss. 397, 401 of CrPC has been filed against the order dtd. 05/08/2022 passed by the Sessions Judge, Bhind in MJCR No.237/2022 by which the Sessions Judge, Bhind has refused to transfer the case.

(2.) It is submitted by the counsel for the applicant that a trial is pending in the Court of Additional Judge to the Court of First Additional Sessions Judge, Gohad in S.T. No. No.92/2021. The Presiding Judge has granted bail to some accused persons, whereas they were not entitled for the same, therefore, the petitioner has a reasonable apprehension that he may not get justice from the Court of the Trial Judge and, accordingly, he filed an application under Sec. 408 of CrPC.

(3.) Comments of the Presiding Judge were called. It was stated by the Presiding Judge that co-accused Ramjilal, Prashant and Sushant Kaurav were granted bail on the ground that similarly situated persons namely, Ramautar and Deshraj @ Rinku were granted bail by the High Court. It was opined by the Presiding Judge that he has no objection in case, if trial is transferred. The Sessions Judge rejected the application filed under Sec. 408 of CrPC on the ground that no documentary evidence has been filed by the applicant and the bail has been granted on the basis of bail granted to the co-accused and the allegations are baseless.