Madhya Pradesh High Court
Arun Kumar @ Munna Singh Tomar vs The State Of Madhya Pradesh on 8 March, 2016
1 MCRC.2178/2016
( Arun Kumar @ Munna Singh Vs. State of M.P.)
08.03.2016
Shri M.S. Rawat, counsel for the applicant.
Shri B.P.S. Chauhan, P.P. for the respondent/
State.
Head the learned counsel for the parties. The applicant has an apprehension of his arrest in connection with Crime No.52/2014 registered at Police Station Endori, district Bhind for the offences punishable under Sections 307, 147, 148, 149 of IPC and 25,27 and 30 of Arms Act.
Learned counsel for the applicant submits that the applicant is an old person of 70 years of age who is suffering from paralysis and he he is bed ridden. Some documents are filed to show his health conditions. 7-8 minor cases were registered against him in the past but he was not convicted in any of them. He did not know that any case was registered against him and, therefore, he did not appear before the Police for the last two years. It is alleged against co-accused persons Vijay, Santosh and Amit that they have fired with the guns by aiming someone and, therefore, out of the victims, one person had sustained injuries. However, it is alleged that applicant has provided his gun to his son but no common intention or object of the applicant is established with his son and, therefore, prima facie no offence under Section 307 of IPC is made out either directly or with the help of 120-B of IPC. Offence under Section 30 of the Arms Act is not so grave so that applicant cannot be released on 2 MCRC.2178/2016 anticipatory bail. Looking to the physical condition, applicant prays for bail of anticipatory nature.
Learned Public Prosecutor opposes the application.
Keeping in view the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that the applicant has a good case for grant of bail of anticipatory nature. Consequently, the present application under Section 438 of Cr.P.C. is hereby allowed.
It is directed that in the event of arrest, the present applicant Arun Kumar @ Munna Singh namely be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand) with one surety bond of the same amount to the satisfaction of the Arresting Authority (Investigation Officer).
The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.
This order shall remain in force for a period of 60 days and in the meanwhile, if the applicant so desires, may move an application for regular bail before the competent Court.
Bail under Section 438 of the Cr.P.C. is given for a limited period so that the evidence received against 3 MCRC.2178/2016 the applicant during further investigation may be considered by the concerned Court, who shall consider his application under Sections 437 or 439 of the Cr.P.C.
C.C. as per rules.
(N.K. Gupta)
mani Judge