Madhya Pradesh High Court
Pahalwan Singh vs The State Of Madhya Pradesh on 6 October, 2017
(1)
M.Cr.C. No. 11108/2017
(Pahalwan Singh Vs. State of M.P.)
6/10/2017
Shri Anshu Gupta, Advocate for the applicant.
Shri B.M.Patel, Public Prosecutor for the respondent-
State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.
The applicant has been arrested by Police Station Bahadurpur, District Ashokpur, in connection with Crime No.195/2017 registered in relation to the offences punishable under sections 323, 294, 506 and 307 read with 34 of the IPC.
Prosecution story, in short, is that on 8/8/17, when complainant was at his home along with his father, at that time, Meharban Singh Aadiwasi along with present applicant and Gajraj Singh Aadiwasi came there and, owing to previous enmity, started filthily abusing his father. On being objected to, Meharban Singh dealt an Axe blow on his father's temple, while the present applicant gave a Lathi blow on his left calf. As complainant came forward to intervene, Meharban gave an Axe blow on his head, whereas the present applicant gave a Lathi blow on his waist. On hearing the commotion, Pappu Aadivasi and Kallu Aadivasi reached the spot and while fleeing, applicant and co-accused persons threatened them with life.
Learned counsel for the applicant submits that the applicant has been falsely implicated. He submits that even (2) M.Cr.C. No. 11108/2017 (Pahalwan Singh Vs. State of M.P.) if the allegations, as levelled by the prosecution, are taken at their face value and accepted in entirety, then too offence under section 307 would not be made out against the present applicant. He submits that a complainant party was the aggressor and a cross-case has been registered against them at Crime No. 196/17. The applicant has no criminal antecedents. Applicant is a permanent resident of Kachchi Barkheda Khajuria Chakk, P.S. Bahadarpur, Distict Ashoknagar and there is no possibility of his absconsion, if released on bail. With the aforesaid submissions, prayer for grant of bail is made.
Learned Public Prosecutor opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture. Considering the facts and circumstances of the case coupled with role attributed to the present applicant and the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant though on comparatively stringent conditions.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely Pahalwan Singh be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees fifty thousand only) with a solvent surety in the like (3) M.Cr.C. No. 11108/2017 (Pahalwan Singh Vs. State of M.P.) amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(S.A. Dharmadhikari) Judge (and)