VINOD Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS application under section 439(2) of CrPC has been filed by the applicant - Vinod Thakre s/o Namdev Thakre for cancellation of bail of the non - applicant No.2 Kishore Patel. Kishore Patel is implicated in Crime No.223/2011 registered at Police Station, Lasudia, District Indore for the offence punishable under sections 302,147,148,149 and 120B of the IPC and sections 25 and 27 of the Arms Act for committing the murder of deceased - Sanjay Thakre. His application for grant of bail has been allowed vide order dated 15.2.2013 passed in Miscellaneous Criminal CaseNo.575/2013.

(2.) LEARNED counsel for the applicant submits that immediately thereafter, he started giving threats to the prosecution witnesses and the applicant. On 17.3.2013, a report has been registered by the non -applicant No. 1 at the instance of Pradeep Thakre. It is submitted that the non -applicant No.2 and his friends are consistently giving threats to the applicant and his family members. On the intervening night of 16 -17.3.2013, some unknown persons damaged his vehicle bearing registration No. MP09 -BA -1411 and report to this effect was lodged by the police personnel. It is also pointed out that on 25.3.2015 when witness Vinod Thakre came to give evidence in pursuance to the summons issued by the trial Court, he was threatened by the non -applicant No.2 and his friends. The non -applicant No.2 is intervening with the trial and trying to influence the prosecution witnesses and threatening them so that they may not adduce their evidence.

(3.) SHRI R. S. Sondhi, learned counsel for the non -applicant No.2 has denied the allegations made in the application for cancellation of bail. He submits that the applicant - Vinod Thakre is not a material witness. The statement of the material prosecution witnesses have been recorded and now the witnesses of seizure/recovery memos along with the Investigating Officer is to be examined before the trial Court. He submits that the applicant has made omnibus statement that all the accused persons gave threats without naming specific person and prayed for rejection of the application.