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Judgment
In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.
The present petition has been filed under Sec. 482 of the Cr.P.C seeking modification of the order dated 24.08.2020 passed in M.Cr.C No. 29035/2020 whereby condition has been imposed to the following extent.
"....subject to verification of the fact that the applicant has been acquitted in five criminal cases and in ST No56/2019 which is pending before the District Judge Datia all the witnesses have turned hostile in the matter. Accordingly, the application is allowed....."
It is submitted that at the time of consideration of the bail application, this Court has made an observation that all the witnesses have turned hostile in the matter. Counsel for the applicant submits that it was argued that the eye witnesses have turned hostile in the matter, not all the witnesses. He has filed the copy of the statements of all 30 prosecution witnesses to demonstrate the aforesaid aspect.
It is seen that at the time of consideration of bail application, the statements are being made and all the witnesses have been turned hostile, therefore, the Court has considered the bail application and allowed the same, but the aforesaid fact was verified by the trial Court and it was found that all the material witnesses have not been turned hostile in the matter.
The aforesaid position is being admitted by counsel for the applicant as he has already filed the copies of all the statements recorded before the trial Court, wherein the Investigating Officer, and police authorities have specifically deposed against the present applicant. Even otherwise, as per the applicant, all the witnesses have been examined before the trial Court, only the final arguments and judgment is to be delivered in the matter.
Considering the aforesaid, this Court is not deem it appropriate to modify the order passed in M.Cr.C No. 29035/2020 vide order dated 24.08.2020.
Accordingly, the present bail application is hereby rejected.