Madhya Pradesh High Court
Pawan Kumar Garg vs The State Of Madhya Pradesh on 9 October, 2020
Author: Atul Sreedharan
Bench: Atul Sreedharan
1 MCRC-36329-2020
The High Court Of Madhya Pradesh
MCRC-36329-2020
(PAWAN KUMAR GARG Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 09-10-2020
Heard through Video Conferencing.
Mr.Rakesh Dwivedi, learned counsel for the applicant.
Mr.Piyush Bhatnagar, learned Panel Lawyer for the respondent/State.
This is the first bail application filed by the applicant under section 438 of the Cr.P.C. for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.91/2020 for offences punishable under sections 302/34 of IPC and section 3/7 of Essential Commodities Act, 1955 registered at Police Station-Nayagaon, District-Satna.
The applicant is seeking anticipatory bail in the aforesaid case. The applicant is the Assisant Salesman of the Seva Sahakari Maryadit Samiti, Nayagaon, Chitrakoot. The case of the prosecution is that on 14.06.2020, the police party tried to stop the co-accused Pramod Patel and Dhanpat Patel who were carrying kerosene oil in a tractor and instead of stopping, the tractor is stated to have dashed against policeman and run over him on account of which he suffered grievous injuries and resultantly died. Therefore, the present case came to be registered, inter-alia, with an offence under section 302 of IPC. The co-accused Pramod Patel in the course of the investigation stated that the kerosene that has been transporting in a tractor trolley had been purchased from the applicant's shop. Besides the aforementioned statement of the co-accused, there is no other evidence with the police, who could independently indict the applicant herein. The charge under section 302 will not be against the applicant herein.
Looking at the facts and circumstances of the case and in view of what has been stated hereinabove, the application is allowed and it is directed that if the applicant is arrested by the Arresting Officer, he shall be enlarged on Signature Not Verified SAN bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Digitally signed by RAVIKANT KEWAT Date: 2020.10.09 17:38:34 IST 2 MCRC-36329-2020 Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer.
C.C. as per rules.
(ATUL SREEDHARAN) JUDGE rk.
Signature Not Verified SAN Digitally signed by RAVIKANT KEWAT Date: 2020.10.09 17:38:34 IST