RISHABH SHARMA v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-16. RISHABH SHARMA v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK th ON THE 16 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 56211 of 2023 BETWEEN:- RISHABH SHARMA S/O SHRI MANOJ SHARMA, AGED ABOUT 24 YEARS, WARD NO 7 ANOOPGANJ SEONDHA DISTRICT DATIA (MADHYA PRADESH) ..... APPLICANT (BY SHRI R. K. SHARMA - LEARNED SENIOR COUNSEL WITH SHRI ATUL GUPTA, SHRI M. K. CHOUDHARY, MS. BHAVYA SHARMA AND SHRI ABHIJEET SINGH TOMAR - ADVOCATE FOR THE APPLICANT) AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION SEONDHA DHSTRICT DATIA (MADHYA PRADESH) ..... RESPONDENTS (BY SHRI RAVINDRA SINGH KUSHWAH - DY. A. G. FOR RESPONDENT/STATE BY SHRI P. S. BHADORIYA - ADVOCATE FOR COMPLAINANT ) This application coming on for admission this day, the court passed the following: ORDER 1.
The present application is preferred at the instance of applicant pressing for bail on the ground of period of custody which is more than one and half year and the fact that one material prosecution witness has been examined. 2. Learned counsel for respondent opposed the prayer on the ground that out of total accused persons recently four have been arrested, therefore, de novo trial shall begin. This may prejudicially affect the prospects of complainant because intimidation to witnesses may not be ruled out. Five accused are already on bail. 3. At this stage, learned senior counsel for applicant seeks withdrawal of this application but raised the anxiety that trial be commenced at a brisk pace so that material prosecution witnesses may be examined and applicant may be given liberty to renew the prayer thereafter. 4.
At this stage, counsel for complainant fairly makes a statement at bar that complainant/material prosecution witnesses shall appear for deposition before the trial Court without any delay. 5. Prayer noted. 6. Application stands dismissed as withdrawn and Investigating Officer and Public Prosecutor as well as prosecution witnesses are directed to remain present on the date when trial Court would fix the date for evidence and on that date witnesses shall appear without fail. Trial Court shall take endeavour to undertake the deposition of material prosecution witnesses at the earliest. 7. Application stands dismissed as withdrawn with aforesaid liberty. (ANAND PATHAK) JUDGE Van VANDANA VERMA 2024. 01. 16 14:12:52 +05'30'
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.