Madhya Pradesh High Court
Jaswant Singh vs The State Of Madhya Pradesh on 6 August, 2014
M.Cr.C.No.3275/2014 (Jaswant Singh and another Vs. State
of M.P. and another ) 1
6.8.2014.
Petitioners by Shri V.K. Bharadwaj, Senior Advocate with
Shri Anvesh Jain, Advocate.
Respondent No.1/State by Shri Mukund Bhardwaj, Public
Prosecutor.
Respondent no.2 by Shri Sanjeev Agarwal, Advocate. This petition has been filed under section 439 (2) of Cr.P.C. for cancellation of bail granted by this Court vide order dated 20.8.2013 passed in M.Cr.C.No.3392/2013.
It is submitted that petitioner no.1 has lodged an FIR against the respondent no.2 and two others stating that dead body of Ram Niwas Lodhi was found in the well on 2.3.2013. Ramniwas went to the agricultural field/well in the night of 1.3.2013 and he did not come back, then search was made and his dead body was found near the well. During investigation Jeevanlal disclosed that he saw accused persons running from the well and he heard cries of Ramniwas. Another witness Santosh Lodhi stated that he saw Bhagirath, Chandrabhan and M.Cr.C.No.3275/2014 (Jaswant Singh and another Vs. State of M.P. and another ) 2 Brajesh assaulting Ramniwas. Therefore, the respondent no.2 along with two co-accused arrested. The respondent no.2 applied for bail which was granted by this Court vide order dated 20.8.2013 passed in M.Cr.C.No.3392/2013. After release on bail the respondent no.2 is continuously threatening the family members of the petitioners, hence, they were not able to reach the Trial Court for recording their statements. The accused persons have also induced one lady Malti W/o Shri Mahesh Kori to implicate the petitioners and other family members in the false case of rape or under the Harijan Act. The report has been made to the Superintendent of Police, Shivpuri and Superintendent of Police, Harijan Kalyan Vibhag, Shivpuri regarding the aforesaid threatening. It is submitted that one application has also been filed before the Additional Sessions Judge Pichhore that accused persons are compelling them to change their statements and threatening the petitioners, therefore, they be provided the police security . Thus, the M.Cr.C.No.3275/2014 (Jaswant Singh and another Vs. State of M.P. and another ) 3 respondent no.2 is not complying the conditions imposed by this Court therefore, the bail granted to the respondent no.2 be cancelled.
Learned counsel appearing for the respondent no.2 has denied the allegation of threatening and submitted that earlier also the application was filed for cancellation of bail in respect of co-accused Chandrabhan Lodhi which was registered as M.Cr.C.No.10027/2013 by Jaswant Singh and recently on 25.6.2014 the said petition has been withdrawn. Had any ring of truth in the allegation of threat, earlier petition for cancellation of bail filed against co-accused Chandrabhan Lodhi should not have been withdrawn.
I have considered the submissions of the learned counsel for the parties and perused the record.
Santosh Kumar Lodhi has presented the complaint addressed to the S.P. Shivpuri mentioning that the accused persons are not permitting them to appear in the Trial Court M.Cr.C.No.3275/2014 (Jaswant Singh and another Vs. State of M.P. and another ) 4 for giving evidence and they are threatening to kill them. It is also mentioned that co-accused are also conspired to rope Jaswant Singh, Santosh Singh, Ghanshyam, Imratlal and Premnarayan in a false rape case. It is pertinent to mention here that no particulars of giving threat of killing has been mentioned in this complaint nor any time or place has been mentioned. Had there is any truth in the aforesaid allegation the earlier application for cancellation of bail in respect of co- accused Chandrabhan Lodhi should not have been withdrawn on 25.6.2014.
Considering the aforesaid, I do not find any substance in the allegation made in the application for cancellation of bail. No case is made out for cancellation of bail granted to the respondent no.2.
Consequently, this petition is hereby dismissed.
(D.K.Paliwal) Judge pawar/-