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Judgment
Sanjay Dwivedi, J
This is the fourth application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to Crime/FIR No.32/2022 dated (not mentioned) registered at Police Station Karan Pathar District Anuppur for the offence punishable under Sections 302, 201 of IPC. Applicant is in custody since 06.02.2022.
Earlier bail application (M.Cr.C No. 12531 of 2023) was dismissed as withdrawn with liberty to file after examination of the doctor vide order dated 5th April, 2023.
Counsel for the applicant has submitted that this is a case of circumstantial evidence and as per case of the prosecution, applicant being husband of the deceased was not in a position to even move freely and independently, therefore, it cannot be expected from him to commit the crime of murder of his wife. He submitted that statement of witnesses recorded after almost 6 days of the incident. According to him, the present applicant has been falsely implicated merely because he was husband of the deceased but considering his physical condition as he was over drunked, the crime could not have been committed by him and it is clear that applicant has been falsely implicated in the alleged offence. Under such circumstance, applicant bail application may be considered.
Counsel for State opposed the bail application and submitted that there was nobody in the house where body of the deceased was found dead. It was only the present applicant and being the husband, he has committed the crime. He further submit that statement of other witnesses makes it clear that the present applicant was in a habit of committing marpeet of his wife as and when he used to consume liquor. He further submits that Doctor has also been examined and he has supported the case of the prosecution and as such at this stage bail application of applicant cannot be considered.
Considering the submissions made by counsel for parties and perusal of case diary, I am also of the opinion that at this stage bail application of the present applicant cannot be considered. However, the trial court is directed to expedite the trial and make all endeavour to conclude the same within a period of 4 months. If that is not done, the applicant can revive his application for grant of bail.
It is made clear that trial court will also not grant time to the parties without any justifiable reason.
Accordingly, this bail application is disposed of.