Dharmendra vs. The State Of Madhya Pradesh

1 Mcrc.728.2016 Dharmendra Vs. State of M.P.

10.02.2016

Shri S.S. Lodhi, counsel for the petitioner.

Shri Mohd. Irshad, Panel Lawyer, for the respondent/State.

Perused the case diary.

Learned counsel for the rival parties are heard.

The applicant has filed this third repeat application u/S 439 of Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Civil Lines, Datia (M.P.) in connection with Crime No.162/2010 registered in relation to the offences punishable under Sections 302, 307, 147, 148, 149, 336, 323 of IPC.

Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

This repeat bail application has been filed after rejection of the earlier ones which were dismissed on merits as well as due to petitioner being absconding for 4-5 years, with no new ground except that he is under custody for more than seven months. The trial has been delayed on the ground solely attributed to the petitioner i.e. his absconsion for four to five

2 Mcrc.728.2016 Dharmendra Vs. State of M.P.

years and therefore if the petitioner is granted bail then it would be at the risk of the petitioner allowing him to flee from justice.

In the result, Mcrc fails and is hereby dismissed, however, with liberty to come again in case trial gets further delayed for the reasons not attributed to the petitioner.

(Sheel Nagu) Judge

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