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Judgment
Learned counsel for the rival parties are heard through video conferencing.
The petitioner has filed this 12th repeat application u/S.439 Cr.P.C. for grant of bail after rejection of earlier one on merits on 31/10/2018 in Mcrc
38919/2018.
The petitioner has been arrested on 19/4/2015 by Police Station-Bijoli District, Gwalior, (M.P.), in connection with Crime No.276/14 registered in
relation to the offence punishable u/Ss. 302, 147, 148, 149 and 120-B IPC.
Learned counsel for State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material
available on record, no case for grant of bail is made out.
This is 12th attempt on behalf of petitioner after rejection of last bail application on 31/10/2018 on merits whereafter it is submitted that all main PWs
have been examined and the evidence of prosecution was closed but thereafter on 3/10/2019 restraint order was passed by the High court (in Mcrc
39491/19 preferred by several accused including petitioner seeking common trial while assailing the order dated 6/9/2019 passed by learned trial judge
u/Sec. 317(2) Cr.P.C.) restraining the trial court from pronouncing the judgment in respect of accused who are arrayed from respondents No.3 to 9
namely Rajesh, Ramniwas, Mahesh Baroliya, Banti @ Rajesh Sharma, Subhash Sharma, Narendra @ Banta and Girraj. Thus, it is submitted that
petitioner is prejudiced on account of delayed trial.
Merits of the matter have already been considered by this court on various occasions and this court has observed that the case being of double murder
the prejudice if any on account of delayed trial gets outweighed. More so, it is on the behest of petitioner that impugned order was passed by this court
on 3/10/2019 in Mcrc 39491/19 and therefore petitioner cannot be permitted to raise ground of delayed trial at this stage.
Accordingly no case for grant of bail is made out for the time being and the application stands rejected with the liberty to come again after
examination of main PWs or if the trial gets further delayed,whichever is earlier.