MAYARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This sixth application under Sec. 439 of Cr.P.C. has been filed for grant of bail. The fifth application was dismissed by order dtd. 28/6/2021 passed in M.Cr.C.No.31375/2021.

(2.) The applicant has been arrested on 12/10/2015 in connection with Crime No.56/2015 registered at Police Station Behat, District Gwalior for offence under Ss. 302, 294 of IPC and Sec. 27, 30 of Arms Act.

(3.) The applicant is in jail from 12/10/2015. The allegations are that three persons were killed. The applicant is one of the assailant who had actually fired and killed the deceased. However, the present application has been filed mainly on the ground of delay and laches. It is submitted that although the prosecution evidence was over but an application under Sec. 311 of CrPC was filed by the prosecution and accordingly, Town Inspector Santosh Mishra was recalled.