Madhya Pradesh High Court
Kartar Singh @ Tar Singh vs The State Of Madhya Pradesh Thr on 11 August, 2017
M.Cr.C. No.7141/2017
(Kartar Singh @ Tar Sigh Vs. State of M.P.)
11.08.2017
Shri Vilas Tikhe, learned counsel for the applicant.
Shri Rajesh Pathak, learned Public Prosecutor for
the respondent/State.
Shri M.K. Chaudhary, learned counsel for the complainant/objector.
On due consideration, I.A. No.5985/2017 is allowed and the counsel engaged by the complainant is permitted to assist the Public Prosecutor in arguing on the bail application.
Heard arguments.
Perused case diary and material on record. This is the second bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.763/2016 registered at Police Station Dabra district Gwalior against him and other co-accused persons for the offences punishable under Sections 147, 148, 149 and 302 of the IPC and 25 and 27 of the Arms Act.
According to the prosecution, on 20.11.2016 in the afternoon, complainant Vinod Gurjar lodged the FIR alleging that on 20.11.2016, his brother-in-law Virendra Singh (since deceased) was proceeding to his village Bona from Dabra driving his car bearing registration No.MP07CB2713. He and others were following his car travelling in another car. At about 4:00 pm, near the triangular of Samudan village, 4 to 5 persons sitting in two cars each overtaking Virendra Singh's car fired from 2 M.Cr.C. No.7141/2017 (Kartar Singh @ Tar Sigh Vs. State of M.P.) inside the cars at him. As a result, he was died while driving the car and later his car overturned. He saw in the two cars, co-accused Omkar, Hardip, Tar Singh @ Kartar Singh (the applicant herein) Pala Singh, Ladhi son of Tar Singh, Yashpal, Balvinder Singh, Baljit Singh and two unknown persons. He saw guns in the hands of co-accused persons Yashpal, Hardip and Pala Singh and they murdered Virendra Singh on account of old enmity.
Learned counsel for the applicant submits that the applicant is in custody since 24.11.2016 and that the charge-sheet had been filed. He submits that the applicant's first bail application was dismissed as withdrawn. He submits that as per the FIR, co-accused Yashpal, Hardip and Pala Singh fired at Virendra Singh, meaning thereby, the applicant was empty hands at the time of incident at the most. He submits that this Court has granted bail to co-accused Sada Singh and the Court below has granted bail to co-accused persons namely Harvindar Singh @ Hinda, Harvindar @ Kala @ Balvindar and Devendra @ Ladi. He submits that co- accused Devendra is the son of the applicant. He submits that the applicant and his son have been falsely implicated in the case as they were not in the cars at the time of the alleged incident. He submits that the applicant is 62 years' old person and suffers from old age related ailments. He submits that the applicant has no criminal past. Upon these submissions, he prays for 3 M.Cr.C. No.7141/2017 (Kartar Singh @ Tar Sigh Vs. State of M.P.) grant of bail to the applicant.
Learned Public Prosecutor and the learned counsel for the complainant/objector have opposed the prayer.
Taking into consideration the facts and circumstances of the case, the submissions raised on behalf of the parties by their counsel and the facts that the applicant has not fired at deceased Virendra Singh as per the FIR and that some of the co-accused persons named above are granted bail and that they and the applicant are similarly placed in the case, but without commenting any opinion on merits of the case, I am of the view that a case is made out for grant of bail to the applicant. Hence, the application is allowed. It is, therefore, ordered that applicant Kartar Singh @ Tar Singh be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty thousand only) with one solvent surety of the same amount to the satisfaction of the court concerned for securing his presence in the course of trial of the case. The applicant shall abide by the conditions enumerated in Section 437(3) of the Cr.P.C. In case of bail jump, the Court concerned will have power to cancel the applicants' bail.
Certified copy as per rules.
(Rajendra Mahajan)
SS Judge