JAGJEEVAN Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Case Diary is available.

(2.) The applicant has been arrested on 22/05/2017 in connection with Crime No.31/2017 registered at Police Station Panihar, District Gwalior for the offence punishable under Sections 304-B , 498-A of IPC and Section 3/ 4 of Dowry Prohibition Act.

(3.) It is submitted by the counsel for the applicant that some of the witnesses have been examined in the trial and he has placed the copies of the deposition sheets of their evidence on record and in view of certain discrepancies which have come out in the cross-examination, the bail application may be considered. It was repeatedly asked by the Court that appreciation of evidence at this stage is not desirable because in case if the Court gives any finding it may adversely affect the trial of any of the parties and in case if the appreciation of evidence goes against the applicant then it may certainly affect the prospects of the applicants in the trial and, therefore, this Court is not inclined to appreciate the evidence which has come in the trial. It was further clarified that since the witnesses have not turned hostile, therefore, this Court is not inclined to consider the evidence which has come on record because it is for the trial Court to appreciate the evidence. In spite of repeated request/warnings, the counsel for the applicant persisted with the request that he is ready to face any consequence, therefore, the evidence may be appreciated. Although this Court never appreciates the evidence at the stage of bail, but since it is the applicant himself who is interested in certain observations, therefore, this Court is left with no other option but to accept the submissions made by the counsel for the applicant.