Lal Bahadur @ Ingh @ Pushparaj Singh Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1045130
CourtMadhya Pradesh High Court
Decided OnDec-13-2012
AppellantLal Bahadur @ Ingh @ Pushparaj Singh
RespondentThe State of Madhya Pradesh
Excerpt:
m.cr.c.no.560/12. 13.12.2012 none for the applicant. shri piyush dharmadhikari, learned govt. adv.for the state. this third repeat application has been filed under section 439 of cr.p.c., on behalf of the applicant for grant of bail in connection of crime no.60/09 registered against him and some other persons at police station nagod district satna for the offence under sections 294, 323, 302, 307 and 506- b/34 of i.p.c.for which trial is still pending. it is apparent fact that subsequent to filing the application the case was listed firstly on 21.2.2012 and thereafter on 3.4.2012, 31.7.2012 and 17.8.2012, but on taking up the matter for hearing no one was appeared on behalf of the applicant to adjudicate this petition on such dates on which, the case was adjourned. in such premises it is listed today for final hearing. state counsel submits that he is under receipt of the case diary. he further submits that according to the charge-sheet there is sufficient prima facie evidence of the alleged offence against the petitioner, pursuant to that there is no scope in the matter for grant of bail to the applicant. in the available circumstances, it appears that the applicant is no more interested to prosecute this petition since last three-four dates, consequently, in the absence of applicant’s counsel instead to decide the petition on merits, the same is hereby dismissed for want of prosecution. (u.c.maheshwari) judge pb
Judgment:

M.Cr.C.No.560/12.

13.12.2012 None for the applicant.

Shri Piyush Dharmadhikari, learned Govt.

Adv.for the State.

This third repeat application has been filed under Section 439 of Cr.P.C., on behalf of the applicant for grant of bail in connection of Crime No.60/09 registered against him and some other persons at Police Station Nagod District Satna for the offence under Sections 294, 323, 302, 307 and 506- B/34 of I.P.C.for which trial is still pending.

It is apparent fact that subsequent to filing the application the case was listed firstly on 21.2.2012 and thereafter on 3.4.2012, 31.7.2012 and 17.8.2012, but on taking up the matter for hearing no one was appeared on behalf of the applicant to adjudicate this petition on such dates on which, the case was adjourned.

In such premises it is listed today for final hearing.

State counsel submits that he is under receipt of the case diary.

He further submits that according to the charge-sheet there is sufficient prima facie evidence of the alleged offence against the petitioner, pursuant to that there is no scope in the matter for grant of bail to the applicant.

In the available circumstances, it appears that the applicant is no more interested to prosecute this petition since last three-four dates, consequently, in the absence of applicant’s counsel instead to decide the petition on merits, the same is hereby dismissed for want of prosecution.

(U.C.Maheshwari) Judge Pb