Pappu Yadav And Others vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this second application filed by the applicants Pappu Yadav and Deepak Yadav under Section 439 of Code of Criminal Procedure for grant of bail.

The applicants are in jail since 01.07.2019 in connection with Crime No.51/2019, registered at Police Station-Mahuljhir, District-Chhindwara for offence under Sections 294 and 302 read with section 34 of the IPC.

Their first application was dismissed on merits by order dated 30.11.2019 passed in M.Cr.C.No.40827/2019.

The case of the prosecution against the applicants, in short, is that an altercation and quarrel had taken place between the applicants and deceased. The applicants pressed the neck of the deceased and due to strangulation, the deceased died on the spot.

Learned counsel for the applicants submits that he has filed this second application on the ground that after investigation, charge-sheet has been filed. There is no bony injury found in the trachea. The applicants have already spent one and half years in judicial custody. No progress is in the trial, therefore, it has been prayed that applicants be released on bail.

Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the application.

Having heard both the learned counsel for the parties. Perused the order-sheets of the trial Court filed by the applicants. No doubt, the case is fixed for arguments before charge. Counsel for the applicants prayed for the time and now-a-days due to present situation of widespread of Corona Virus (COVID-19) pandemic, regular functioning of the trial Court is held up. The applicants are clearly mentioned in the FIR and deceased died due to strangulation. There is prima-facie case found against both the applicants, hence, no change in the circumstances found in this second application and is hereby dismissed.

The trial Court is directed to expedite the trial, when Court resume the normal work.

With the above direction, this second application filed by the applicants under Section 439 of the Code of Criminal Procedure is disposed of.