Madhya Pradesh High Court
Koushal Dahiya vs The State Of Madhya Pradesh on 1 April, 2016
1
M.Cr.C. No. 4813/2016.
01/04/2016 .
Shri Ravindra Sahu, counsel for the applicant.
Shri Vikram Johri, Panel Lawyer for the
respondent/State.
Heard.
This is first application filed under Section 439 of the Cr.P.C. for grant of bail to the applicant who has been arrested in connection with Crime No. 909/2015 registered at P.S. Aadhartal District Jabalpur for the offence punishable under Sections 294, 307, 325/34 of the IPC and Section 25 of Arms Act.
The allegation against the applicant is that he had inflicted injury by sword on the head of the complainant. Counsel for the objector had admitted the fact that the injuries sustained by the complainant were simple in nature. A counter case has also been registered against the complainant party vide Crime No. 908/2015. Other co-accused persons have been enlarged on bail by this Court and vide order dated 01.02.2016 passed in M.Cr.C. No. 217/2016 in the case of Mallu Samiya the Court passed the following order :-
"01-02-2016 Shri Manish Datt, learned Senior counsel assisted by Shri Rahul Sharma, learned counsel for the applicant.
Shri R.N. Yadav, learned Panel Lawyer for the respondent/State.
Shri Ranjeet Singh and Shri Mahendra Tiwari, learned counsel for the objector/complainants.
Heard.
This is the first bail application filed on behalf of the applicant/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of his arrest, in connection with Crime No. 909/2015 registered at Police Station Adhartal District Jabalpur for the offences punishable under Section 294, 307 and 34 of the IPC.2
M.Cr.C. No. 4813/2016.
The allegation against the applicant is that he alongwith other accused persons had inflicted injuries to complainant Rakesh Kumar, his brother Anil Jat and Balwinder Jat.
On the complaint of the present applicant an offence vide Crime No. 908/2015 under Section 294, 323, 324, 326 and 506/34 of the IPC has also been registered against the complainant party. The applicant is aged about 65 years.
As per the case diary, the applicant was armed with lathi and he had inflicted injury to Anil Jat and Balwinder Jat. As per C.T. Scan report of Balwinder Jat, there was following injury on the head of the Ballwinder Jat:
"Tiny hemorrhagic contusions are seen in left temporal lobe.
Subarachnoid hemorrhage is seen in left fronto-temporal cortical sulci.
Thin subdural hematoma is seen in left temporal region measuring 2 mm in maximum thickness.
Rest of the cerebral hemispheres are normal.
The cerebellum & brainstem appear normal. The ventricular system and cisterns are mormal.
No shift of midline structures. The calvarium appears unremarkable. Visualized portion of orbits and sinuses appear normal.
IMPRESSION:
Tiny hemorrhagic contusions in left temporal lobe.
Subrahachnoid hemorrhage in left fronto- temporal cortical sulci.
Thin subdural hematoma in left temporal region measuring 2 mm in maximum thickness."3
M.Cr.C. No. 4813/2016.
Learned counsel for the objector has submitted that a proceedings under Section 82 of the Cr.P.C. has been initiated against the applicant, hence, he is not eligible to get the benefit of anticipatory bail.
The learned counsel for the objector produced a copy of the notice issued by the Judicial Magistrate First Class, Jabalpur, however, this is a notice for initiation of proceedings under Section 82 of the Cr.P.C. Final proceedings have not been initiated.
The applicant is aged about 65 years. No grievous injury was caused by the applicant to the complainant party. A counter case has also been registered on the report of the present applicant against the complainant party for commission of offence punishable under Section 294, 323, 324, 326 and 506/34 of the IPC.
Learned Panel Lawyer opposes the prayer made by learned Senior counsel appearing on behalf of the applicant and prayed for rejection of anticipatory bail.
In tis view of the matter, the application is allowed. It is ordered that in the event of arrest of the applicant in connection with the aforesaid crime number and the offences, applicant Mallu Samiya be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty thousands) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.
The applicant is directed to join the investigation immediately and to co-operate with the investigating agency. He will further abide by the condition enumerated in sub-section 2 of Section 438 of the Cr.P.C.
Certified copy as per rules."
Looking to the facts of the case but without expressing any opinion on the merits of the case, this application is allowed.
It is directed that on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand) by the applicant along with one solvent surety in the like amount to the satisfaction of trial Court, the applicant be released on bail with a direction to appear before the trial court on the date of the trial.
4M.Cr.C. No. 4813/2016.
The applicant shall abide by the following conditions of 437 (3) of Cr.P.C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Certified copy as per rules.
(S.K. GANGELE) JUDGE VKV/-