GOPAL PRASAD GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) This is fourth application under Section 439 of Cr. PC for grant of bail. The first application was dismissed on merits by order dated 11.08.2017 passed in MCRC No. 6978 of 2017. Second application was dismissed as withdrawn by order dated 03.11.2017 passed in MCRC No. 10272 of 2017 and third application was dismissed by order dated 19.01.2018 passed in MCRC No. 26143 of 2017, holding that merely because some witnesses have turned hostile and not supported the prosecution case, it cannot be a ground to grant bail to the applicant because some more prosecution witnesses are yet to be examined.

(2.) The applicant is in jail from 07.06.2017 in connection with Crime No. 154 of 2011 registered by Police Station University District Gwalior for the offence punishable under Sections 420, 467, 468, 120-B of IPC, Sections 3(4) and 6 of the M.P. Nikshepako Ke Hito Ka Sarakshan Adhiniyam, 2000, Sections 451A, 45-S/58-B (5-A) of the RBI, Act and Sections 3 and 6 of Inami Chit Aur Dhan Parichalan Scheme (Pawandi) Adhiniyam, 1978.

(3.) This Court by order dated 09.02018 had directed the Public Prosecutor to seek instructions as to whether entire prosecution witnesses have been examined or not and to place on record the status report. The State has placed the status report and has submitted that 18 prosecution witnesses have been examined and 11 prosecution witnesses are yet to be examined so far.