Madhya Pradesh High Court
Jagannath @ Jagna Batham vs The State Of Madhya Pradesh on 17 January, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 2412/2022
(JAGANNATH @ JAGNA BATHAM AND ANOTHER Vs THE STATE OF
MADHYA PRADESH)
Through Video Conferencing
Gwalior, Dated : 17/01/2022
Shri Rajeev Shrivastava, Counsel for applicants.
Shri A.P.S. Tomar, Counsel for State.
Case diary is available.
This is first application filed under Section 439 of Cr.P.C. for
grant of bail.
The applicants have been arrested on 06.12.2021 in connection
with Crime No.144/2021 registered by Police Station - Gijjora,
District Gwalior for offence punishable under Sections 294, 323, 324,
506, 147, 148, 149, 307 & 302 of IPC.
It is submitted by Counsel for the applicants that deceased
Bhagwandas lifted sand in a illegal manner from the land belonging
to the applicants. Accordingly, a cross case at crime No.143/2021 was
registered against deceased Bhagwandas and other persons.
However, the deceased Bhagwandas died during the treatment,
accordingly offence under Section 302 of IPC has been added.
Per contra, the application is vehemently opposed by the
Counsel for the respondent/State.
Heard the learned counsel for the parties. According to the complainant, the applicants and the co- accused persons were illegally lifting sand which was objected by 2 THE HIGH COURT OF MADHYA PRADESH MCRC No. 2412/2022 (JAGANNATH @ JAGNA BATHAM AND ANOTHER Vs THE STATE OF MADHYA PRADESH) deceased Bhagwandas and other witnesses and on the said issue, the deceased Bhagwandas and other witnesses were beaten, whereas according to the applicants, deceased Bhagwan Das was lifting the sand in an illegal manner from land of applicants. When a specific question was put to Shri Shrivastava as to whether the applicants have filed any document to support their contention that the deceased Bhagwandas was aggressor and was lifting sand illegally from their land, then it was fairly conceded that no such document has been placed on record.
Heard the learned Counsel for the parties. Whether the applicants were the aggressor or the deceased complainant party was the aggressor, is yet to be decided by the trial Court. However, in absence of any prima-facie document to show that the deceased Bhagwandas was lifting sand from the land of applicants, this Court is of the opinion that no case is made out...
At this stage, Counsel for applicants seeks permission of this Court to withdraw this application with liberty to revive the prayer in case if there is any undue delay in trial.
With aforesaid liberty, the application is dismissed as withdrawn.
(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2022.01.18 11:19:03 +05'30'