Madhya Pradesh High Court
Ashok Kumar Patel vs The State Of Madhya Pradesh on 14 July, 2010
M.Cr.C. No.4661/2010
14.07.2010
Shri Manish Datt, Advocate for the applicant.
Shri Akhilendra Singh, Public Prosecutor for the
respondent/State.
Heard both the parties.
Case diary of Crime No.257/2009 registered at Police Station Amiliya District Sidhi for the offence under Section 306 read with Section 34 of IPC is perused.
The applicant is apprehending his arrest in the aforesaid crime.
Learned counsel for the applicant submits that no presumption under Section 113-A of the Evidence Act is available to the prosecution. The allegation against the present applicant is that he told some persons that the deceased was insane and the overt-act of the applicant as stated in the allegation does not come under the ingredients of Section 107 of IPC, therefore, at present no offence under Section 306 of IPC is made out against the applicant. He is a reputed citizen of the locality and has no criminal past, whereas the other co- accused persons have already been enlarged on bail, therefore he prays for anticipatory bail.
Learned public prosecutor for the State opposes the application.
Keeping in view the submissions made by learned counsel for the applicant and the facts and circumstances of the case, I am of the view that this is a fit case for grant anticipatory bail to the applicant.
Consequently, this application under Section 438, Cr.P.C. is hereby allowed. It is directed that in the event of arrest, applicant Ashok Kumar Patel shall be released on bail on furnishing a personal bond in the sum of Rs.40,000/- (Rupees forty thousand) with a solvent surety in the like amount to the satisfaction of the Arresting Authority.
The applicant shall further abide by the conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.
This order shall remain in force for a period of 30 days and in the meanwhile, if the applicant so desires, may move an application for regular bail before the competent Court.
C.C. as per rules.
(N.K.Gupta) Judge Ansari.