M.Cr.C.No.2827/2016 Chandan Singh Vs. State of M.P.
09.03.2016 Shri Rohit Mishra, counsel for the applicant.
Shri BPS Chauhan, Public Prosecutor for the respondent/State.
Heard learned counsel for the parties.
This is repeat application filed by the applicant whereas previous applications were dismissed on merits vide orders dated 25-06-2015 and 25-02-2016.
The applicant is in custody since 17-12-2014 relating to Crime No.20/2014 registered at Police Station Basai District Datia for the offence punishable under Sections 420, 467, 468, 471, 34 and 120-B of IPC.
After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case without expressing any view on the merits of the case, I am of the view that in the light of the orders dated 25-06-2015 and 25-02-2016, there is no new ground in favour of the applicant so that he may be enlarged on bail. Learned counsel for the applicant has invited the attention of this Court to the judgment of Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation {(2012) 1 SCC 40} in which the law relating to the bail application has been laid down. It is held that bail should not be denied to teach a lesson to a person whose offence is yet to be proved. However, in the present case two applications of the applicant have been decided on merit and it is not a case in which the applicant is kept in custody to teach him a lesson.
Appreciation of offence cannot be done at this stage.
Consequently, the application under Section 439 of Cr.P.C. filed by the applicant -Chandan Singh is hereby dismissed.
(N.K. Gupta) Judge Anil*
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