THE APPLICATION OF BAIL CANNOT BE CONSIDERED IN CASE OF DOUBTFUL WITNESSES – MADHYA PRADESH HC

Madhya Pradesh High Court – No merit in the bail application with regard to the FIR registered for crimes punishable under Section 363,366, 376 of the IPC.1860 and Section ¾ of POCSO Act, Justice G.S. Ahluwalia. The applicant was arrested on 13/6/2018 for crimes committed under POCSO Act and IPC and this was the 6th time he applied for the bail.

Considering the argument proposed by the counsel of applicant and relying on the case law named Satish Jaggi v. State of Chattisgarh (2007) 11 SC 195, the Court stated the bail is based on doubtful witnesses , therefore, cannot be considered.

Furthermore, the counsel pointed out the confusion with respect to the age of the victim, as it was held in the case law Jarnail Singh v. State of Punjab (2013) 7 SCC 263 that victim was a minor (according to her school records) on the date of incidence while she herself mentioned that she was twenty-one years old when she was married in 2018. The matter of age determination was left on trial court.

On the delayed trial, the court mentioned that no order sheets have been filed by the applicant which shifts reason of delay.

In observance of these contentions, the present application was rejected by the Hon’ble Court.

 [Case: Mukesh v. State of M.P.,MCRC No. 28229 of 2020]

Reported By:

Mohammad Zahid

 

 

 

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