PHOOL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a repeat (sixth) application under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) filed by the applicant, who is in custody since 5/4/2021 in connection with Crime No.22 of 2021 (date not mentioned) registered at Police Station Gandhwani, District Dhar (M.P.) for offence punishable under Ss. 307, 302, 147, 148 and 149 of Indian Penal Code, 1860 and also under Sec. 25 of Arms Act, 1959.

(2.) The details of his first application (Miscellaneous Criminal Case No.25098/2021) as well as second application (Miscellaneous Criminal Case No.39086/2022) were dismissed by this Court vide orders dtd. 24/5/2021 and 2/9/2022 respectively. Thereafter, his third application (Miscellaneous Criminal Case No.58209 of 2022) and fourth application (Miscellaneous Criminal Case No.61202 of 2022) were dismissed as withdrawn by this Court vide order dtd. 9/12/2022 and 2/1/2023 respectively. Fifth application (Miscellaneous Criminal Case No.37107 of 2023) of the application was rejected by this Court on 25/8/2023.

(3.) This applicant is the main accused, at his instance other accused persons came and assaulted the deceased, who died.