Madhya Pradesh High Court
Puhup Singh vs The State Of Madhya Pradesh on 27 September, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 27th OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 43721 of 2022
BETWEEN:-
1. PUHUP SINGH S/O SHRI GOGA SINGH, AGED
ABOUT 63 YEARS, OCCUPATION: CULTIVATOR
VILLAGE KHARGAHNA POLICE STATION
DINDORI TEHSIL AND DISTRICT DINDORI
(MADHYA PRADESH).
2. JHAM SINGH S/O SHRI PUHUP SINGH, AGED
ABOUT 38 YEARS, OCCUPATION: CULTIVATOR
R/O VILLAGE KHARGAHNA POLICE STATION
DINDORI TEHSIL AND DISTROCT DINDORI
(MADHYA PRADESH).
3. GYAN SINGH S/O SHRI PUHUP SINGH, AGED
ABOUT 28 YEARS, OCCUPATION: CULTIVATOR
R/O VILLAGE KHARGAHNA POLICE STATION
DINDORI TEHSIL AND DISTROCT DINDORI
(MADHYA PRADESH).
4. BIRBAL S/O SHRI KUNWAR SINGH, AGED
ABOUT 18 YEARS, OCCUPATION: CULTIVATOR
R/O VILLAGE KHARGAHNA POLICE STATION
DINDORI TEHSIL AND DISTROCT DINDORI
(MADHYA PRADESH).
.....APPLICANTS
(BY SHRI SANJAY PATEL, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION DINDORI TEHSIL AND
DISTRICT DINDORI (MADHYA PRADESH).
.....RESPONDENT
(BY SHRI ATMARAM BAIN, DEPUTY GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
Signature Not Verified
Signed by: VINOD KUMAR
TIWARI
Signing time: 9/28/2022
6:22:21 PM
2
ORDER
This is first bail application filed under Section 439 of Cr.P.C. on behalf of applicants, who are in jail since 20.05.2022 in connection with Crime No.422/2022, registered at Police Station-Dindori, District-Dindori (M.P.), for the offences punishable under Sections 302, 201 read with 34 of IPC.
Learned counsel appearing appearing for the applicants prays for withdrawal of bail application filed on behalf of applicant No.1-Puhup Singh.
Prayer is allowed.
Bail application filed on behalf of applicant No.1-Puhup Singh is dismissed as withdrawn.
Learned counsel appearing for applicants submitted that Sunil alongwith goats had gone for grazing. Some goats entered into the ashram of Baba Kamlanand. Over this, Baba Kamlanand was abusing Sunil. Later on, Jham Singh reached the spot to console Baba Kamlanand. Altercation took place and during course of altercation Puhup Singh also reached there and assaulted on the head of Baba Kamlanand, which resulted in his death. Later on, his body was disposed off by applicants. Counsel for the applicants submitted that Puhup Singh all of sudden had assaulted with a danda. Other applicants were not having any knowledge that Puhup Singh will assault with danda on head of Baba Kamlanand. At best, the acts of applicants can be under Section 201 of Indian Penal Code in helping main accused in disposing off the body, which is punishable with imprisonment of 3 years and bailable in nature.
Deputy Government Advocate appearing for State opposed the bail application. It is submitted that all the applicants had assaulted Baba Kamlanand. Applicants were having common intention with Puhup Singh to kill Baba Kamlanand. In these circumstances, application be dismissed.
Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 9/28/2022 6:22:21 PM 3Heard the counsel for the parties.
Considering the fact that Puhup Singh all of sudden had assaulted Baba Kamlanand and there was no intention on part of other applicants to cause his death, bail application filed by applicants Jham Singh, Gyan Singh and Birbal is allowed.
It is directed that the applicants Jham Singh, Gyan Singh and Birbal be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial court.
In addition to aforesaid condition, the applicants shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.
C.C as per rules.
(VISHAL DHAGAT) JUDGE vkt Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 9/28/2022 6:22:21 PM