SUNIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Case diary is available. Arguments heard. This is second bail application filed by the applicants Sunil s/o Hare Singh Chamtha and Arvind s/o Hare Singh Chamtha under Section 439 of the Code of Criminal Procedure for grant of bail. First application was dismissed on merit by this Court on

(2.) 02.2016 in M.Cr.C. No.10290/2015. 2. The accused/applicants were arrested by the Police Station - Petlawad, District - Jhabua in Crime No.396/2014 under Sections 302, 323 and 147 of IPC.

(3.) According to the prosecution, on 20.09.2014 at about 6:30 p.m., deceased Ishwar together with his brother -in -law Sunil was going towards village Katijapada where he was residing, from village Bhutiya, near village Matapada, accused persons armed with lathi attacked them and it is alleged that due to injuries caused by lathi, deceased Ishwar subsequently died. This application is filed on the ground that complainant Kalyan Singh and eye witness Sunil, who was allegedly travelling with the deceased on his motorcycle, have turned hostile and did not support the prosecution case. This apart, all other eye -witnesses also turned hostile.