Madhya Pradesh High Court

MCRC/354/2024 of MAHESH BAIRAGI Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE ANAND PATHAKON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 354 of 2024

BETWEEN:-

MAHESH BAIRAGI S/O SHRI JAGDEESH BAIRAGI, AGEDABOUT 45 YEARS, OCCUPATION: NOTHING VILLAGEKOTA, PS DEHAT SHIVPURI (MADHYA PRADESH)

(BY SHRI AKSHAT JAIN - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH INCHARGE POLICESTATION PS DEHAT DISTRICT SHIVPURI (MADHYAPRADESH)

.....RESPONDENTS

(BY SHRI RAJIV KUMAR UPADHYAY - PUBLIC PROSECUTOR)

This application coming on for admission this day, the court passed the following:

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ORDER

1. After arguing for a while, learned counsel for the applicant prays for withdrawal of this second bail application under Section 439 of Cr.P.C. but hisonly anxiety is that since 10.06.2022 out of 47 times, 31 times witnesses did notturn up and only 16 times witness turned up for deposition.

2. Prayer noted.

3. Accordingly, the present application stands dismissed as withdrawn but anxiety raised by the applicant appears to be addressed by the prosecutionand Investigating Officer.

4. Superintendent of Police, District Shivpuri is directed to look into the matter and instruct the concerned officer including Government Prosecutor toensure the appearance of witnesses for deposition without fail.

5. Let copy of this order be sent to the Superintendent of Police, DistrictShivpuri and concerned Government Prosecutor, Shivpuri for information andcompliance.

Rashid

(ANAND PATHAK)JUDGE

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