Madhya Pradesh High Court
Ramsewak Ahirwar vs The State Of Madhya Pradesh on 24 April, 2017
MCRC-6596-2017 (RAMSEWAK AHIRWAR Vs THE STATE OF MADHYA PRADESH) 24-04-2017 Shri B.J. Chourasiya, counsel for the petitioners. Shri K.S. Patel, panel lawyer for the respondent-State.
Heard on this first application for bail under Section 439 of the Cr.P.C. filed on behalf of petitioners Ramsewak Ahirwar and Narmada Ahirwar in Crime No.366/2016 registered by Police Station- Surkhi, District- Sagar under Sections 307, 323 and 294 of the IPC.
As per the prosecution case, at about 11.30 p.m. on 23.12.2016, on account of previous enmity with regard to partition of the land, victim Halle Ahirwar was assaulted by the co-accused Tantu with an Axe. Victim suffered three incised wounds. One was on the head and the other one on the left ear. Co-accused Deena Ahirwar also assaulted the victim with an Axe on the left side of the waist. Petitioners Ramsewak Ahirwar and Narmada Ahirwar assaulted the victim with sticks.
Learned counsel for the petitioners submits that the role that has been ascribed to the petitioners in the incident is limited to assaulting the victim by sticks; however, no injury which could have been caused by hard and blunt object was detected during the medical examination of the victim. The petitioners have been in custody since 23.03.2017 and the charge sheet in the matter has been filed; therefore, it has been prayed that the petitioners be released on bail. Learned panel lawyer for the respondent State on the other hand has opposed the application mainly on the ground that the victim has suffered serious injuries to his head and ear. His condition was such that the dying declaration was also recorded.
However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts that:
1. the petitioners are not said to have assaulted the victim by any sharp edged weapon;
2. the victim has not suffered any injury caused by hard and blunt object;
3. charge sheet in the matter has been filed;
4. the petitioners have been in custody since 23.03.2017;
-in the opinion of this Court, petitioners Ramsewak Ahirwar and Narmada Ahirwar deserve to be released on bail. Consequently, this first application for bail under Section 439 of the Cr.P.C. filed on behalf of petitioners Ramsewak Ahirwar and Narmada Ahirwar is allowed.
It is directed that the petitioners shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- with a solvent surety in the same amount each to the satisfaction of the trial Court for their appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C. Certified copy as per rules.
(C V SIRPURKAR) JUDGE sh