Madhya Pradesh High Court

MCRC/52239/2018 of KAMAL KISHORE Vs THE STATE OF MADHYA PRADESH on 31 December 2018

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COURT OF MADHYA PRADESH MCRC No.52239/2018 (Kamal Kishore v.

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HIGH COURT OF MADHYA PRADESHMCRCNo.52239/2018(Kamal Kishore v. State of MP)

Gwalior, Dated : 31.12.2018

Shri P.S. Bhadoria, learned counsel for the applicant.

Shri Pramod Pachauri, learned Public Prosecutor forrespondent-State.

Case Diary is available.

This is seventh application under Section 439 of CrPC forgrant of bail. Sixth application was dismissed as withdrawn byorder dated 06.09.2018 passed in M.Cr.C. No. 31248/2018. Theapplicant has been arrested on 26.07.2017 in connection withCrime No.317/2017 registered by Police Station MaharajpuraDistrict Gwalior, for the offences punishable under Section 420,467, 468 and 471 of IPC.

It is submitted by the counsel for the applicant that all thematerial and relevant witnesses against the applicant have beenexamined and they have not supported the prosecution case andthey have been declared hostile. The trial is likely to takesufficiently long time and there is no possibility of his abscondingor tampering with the prosecution case.

Per contra, the application is opposed by the counsel forthe respondent/State. However, it is fairly conceded by thelearned counsel for the State that all the material witnesses, whohad stated against the applicant, have turned hostile. Thus, theirprosecution is warranted.

So far as the submission made by the counsel for the Stateis concerned, it is for the Trial Court to consider this aspect.

Considering the fact that the witnesses have turned hostile,the application is allowed. It is directed that the applicant bereleased on bail on furnishing a personal bond in the sum ofRs.40,000/- (Rupees Forty Thousand Only) with one surety

HIGH COURT OF MADHYA PRADESHMCRCNo.52239/2018(Kamal Kishore v. State of MP)

Gwalior, Dated : 31.12.2018

in the like amount to the satisfaction of the Trial Court/CommittalCourt to appear before the Court on the dates given by theconcerned Court.

This order shall remain effective till the end of the trial butin case of bail jump, it shall become ineffective.

Certified copy as per rules.

Meh/-

(G.S. Ahluwalia) V.Judge

Digitally signed by MEHFOOZ AHMED Date: 2018.12.31 17:09:19 +05'30'

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