Madhya Pradesh High Court
Punamchand Jat vs The State Of Madhya Pradesh on 1 September, 2022
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 1st OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 42053 of 2022
Between:-
1. SHANTILAL @ BABLU S/O NANDU JAT, AGED
ABOUT 32 YEARS,
OCCUPATION: AGRICULTURIST AND LABOUR
2. PAPULAL S/O MOHANLAL CHAMAR, AGED
ABOUT 40 YEARS,
OCCUPATION: AGRICULTURIST AND LABOUR
BOTH R/O: VILLAGE BHESADABAR TEHSIL
SAILANA, DISTRICT RATLAM (MADHYA
PRADESH)
.....APPLICANTS
(BY SHRI RITU RAJ BHATNAGAR ADV.)
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
SAILANA, DISTIRCT RATLAM (MADHYA
PRADESH)
.....NON APPLICANT
(BY SHRI GOVIND PUROHIT, GA)
MISC. CRIMINAL CASE No. 40035 of 2022
Between:-
PUNAMCHAND JAT S/O BHERULAL, AGED
ABOUT 30 YEARS,
OCCUPATION: AGRICULTURE
R/O: VILLAGE BODINA, SAILANA RATLAM
(MADHYA PRADESH)
.....APPLICANT
Signature Not Verified
(BY SHRI SANJAY KUMAR SHARMA ADV.)
Signed by: TRILOK SINGH
SAVNER
Signing time: 01-Sep-22
6:11:27 PM
AND
2
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
SAILANA, RATLAM (MADHYA PRADESH)
.....NON APPLICANT
(SHRI GOVIND PUROHIT, GA FOR STATE)
(SHRI GOPAL KRISHNA PATIDAR ADV. FOR OBJECTOR)
These applications coming on for orders this day, the court passed the
following:
ORDER
Applicants have filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. They are in jail since 17.8.2022 & 26.7.2022 in connection with Crime No.219/2022 registered at P.S. - Sailana (M.P.) for commission of offence punishable under Section 323, 294, 506, 147, 325, 329, 34 of IPC.
As per the prosecution story, on 24.7.2022 the complainant with his friends Kapil and Mukesh went to Sanjay Jat House at Bhesadabar for photocopy and when he was returning back to house in his car with Kapil and Mukesh at night around 11.00 O'clock nearby sagas bauji at village Bhesadabar, the road was blocked by keeping motorcycle. The complainant and Kapil went to clear the road by removing motorcycle, accused persons surrounded them, sticks were in hand of accused Dilip and Punamchand and they both hit the complainant and his friend with sticks and other accused persons also kicked the complainant and his friend. On this information police registered a crime against the applicants.
Learned counsel for the applicants contended that applicants are innocent and they have been falsely implicated in this matter. Applicants Shantilal and Signature Not Verified Papulal are in custody since 17.8.2022 and applicant Punamchand is in custody Signed by: TRILOK SINGH SAVNER Signing time: 01-Sep-22 6:11:27 PM since 26.7.2022. No direct or indirect evidence is available against them. They 3 have been falsely implicated due to election rivalry. Initially offence has been registered under Section 323, 294 and 506 of IPC and applicants have been released on bail by the trial Court, but later on Section 329 of IPC has been added. No ofence under Section 327 or 329 of IPC has been made out against them. Applicants are permanent residents of District Ratlam. Hence, they pray that applicants be released on bail.
Per-contra, learned counsel for the objector in M.Cr.C. No.40035/2022 opposes the bail application and prays for its rejection by submitting that applicant Punamchand has caused grievous injury to victim Kapil and the offence is serious in nature, therefore, he does not deserve for bail.
Learned GA for respondent/State also opposes the both the bail applications and prays for its rejection by submitting that 2 criminal antecedents have been found against the applicant Punamchand and 2 criminal antecedent has been found against applicant Shantilal, but he fairly admits that no criminal antecedent has been found against the other applicants.
Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that only wooden stick has been used in the incident by the present applicants, although victim Kapil has sustained bony injury on right knee but he has been discharged from the hospital, investigation is almost over in respect of the present applicants therefore no further custodial interrogation is required and that final conclusion of trial will take considerable long time, I deem it proper to release the present applicants on bail.
Signature Not Verified Signed by: TRILOK SINGHSAVNER Accordingly, without commenting on the merits of the case, both the Signing time: 01-Sep-22 6:11:27 PM applications are allowed. It is directed that the applicants be released on bail 4 upon their furnishing a personal bond in the sum of Rs.70,000/- each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. They shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
C.C. as per rules.
(ANIL VERMA) JUDGE trilok Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 01-Sep-22 6:11:27 PM