Madhya Pradesh High Court
Dinesh Kumar Imlay vs Smt. Ramjanki Singh on 20 November, 2024
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
NEUTRAL CITATION NO. 2024:MPHC-JBP:56718
1 MCRC-31280-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 20th OF NOVEMBER, 2024
MISC. CRIMINAL CASE No. 31280 of 2024
DINESH KUMAR IMLAY
Versus
SMT. RAMJANKI SINGH
Appearance:
Shri Bhasker Pandey - Advocate for the applicant.
Ms. Sonali Shrivastava - Advocate for the respondent.
WITH
MISC. CRIMINAL CASE No. 23433 of 2024
MOHANDAS PACHORI
Versus
SMT. RAMJANKI SINGH
Appearance:
Shri Bhasker Pandey and Shri Ankit Saxena - Advocate for the applicant.
Ms. Sonali Shrivastava - Advocate for the respondent.
MISC. CRIMINAL CASE No. 25791 of 2024
VIRENDRA KUMAR KAUSHIK
Versus
SMT. RAMJANKI SINGH
Appearance:
Shri Bhasker Pandey and Shri Ankit Saxena - Advocate for the applicant.
Ms. Sonali Shrivastava - Advocate for the respondent.
MISC. CRIMINAL CASE No. 25811 of 2024
JAGATNARAYAN SHARMA
Versus
RAMJANKI SINGH
Signature Not Verified
Signed by: VAISHALI
AGRAWAL
Signing time: 11/21/2024
2:47:26 PM
NEUTRAL CITATION NO. 2024:MPHC-JBP:56718
2 MCRC-31280-2024
Appearance:
Shri Bhasker Pandey and Shri Ankit Saxena - Advocate for the applicant.
Ms. Sonali Shrivastava - Advocate for the respondent.
ORDER
Since the bail applications have arisen out of same crime number, therefore, they are being heard and disposed off by a common order.
2. These are first bail applications filed on behalf of the applicants Dinesh Kumar Imlay, Mohandas Pachori, Virendra Kumar Kaushik and Jagatnarayan Sharma under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail.
3. Applicants apprehending their arrest in connection with Crime No./RCT No. 146 of 2023, whereby cognizance has been taken by J.M.F.C. Panna for commission of the offences punishable under Sections 323, 327 and 34 of the IPC for grant of anticipatory bail.
4. Briefly complainant's case is that applicants did not allow complainant Smt. Ramjanki Singh to meet her son in jail i.e. Surjeet Singh @ Bade Raja. Further, applicants demanded Rs.20,000/- for repairing the TV and all of them assaulted/beaten Surjeet Singh and thereby caused various injuries on the person of Surjeet Singh @ Bade Raja. On above grounds, a private complaint was filed by Smt. Ramjanki Singh and trial Court after examining complainant and other witnesses, took cognizance under Sections 323 and 327 of the IPC against applicants.
5. Learned counsel for the applicants submits that in the instant case, Surjeet Singh @ Bade Raja was convicted and sentenced under Section 307 of the IPC with R.I. of five years and he was sent to jail on 25.01.2019.
Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 11/21/2024 2:47:26 PMNEUTRAL CITATION NO. 2024:MPHC-JBP:56718 3 MCRC-31280-2024 It is also urged that at relevant point of time, applicant Dinesh was posted as Superintendent jail, whereas, remaining applicants were posted as jail Prahari. Present incident is said to have occurred on 23.10.2019. It is also urged that complainant's son Surjeet Singh is a known criminal and habitual offender. He misbehaved with applicants, therefore, a scuffle took place. Thereafter, an order was passed and it was ordered that Surjeet be kept separately for one month under supervision. Further, applicants submitted a complaint to Senior Officers, then, a enquiry was conducted and later applicants also recommended transfer of applicant to another jail on 25.10.2023 looking to his conducts. It is also urged that 27 criminal cases were pending against Surjeet. Later-on, Surjeet were transfered to Chhatarpur from Panna jail. It is also urged that trial Court had taken cognizance under Section 323 of the IPC, which is a bailable offence and under Section 327 of the IPC. It is also urged that in view of law laid by coordinate Bench of this Court in the case of Narendra Singh Yadav Vs. The State of Madhya Pradesh passed in M.Cr.C.No.34649 of 2023 by order dated 11.08.2023, no case under Section 327 of the IPC is made out as no property has been delivered. Further, it is also urged that in the instant case, there was no sanction at the time of taking cognizance of offence against applicants.
6. Learned counsel for the applicants has referred and relied upon D. Devaraja Vs. Owais Sabeer Hussain (2020) 7 SCC 695 to submit that even with respect to offence under Section 323/327 of IPC previous sanction is required and without previous sanction, trial Court could not have taken cognizance against present applicants, as there is no sanction on record. On Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 11/21/2024 2:47:26 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:56718 4 MCRC-31280-2024 above grounds, it is urged that applicants be granted the benefit of anticipatory bail.
7. Learned counsel for the respondent, after referring to the contents of complaint as well as statements of Ramjanki, Surjeet Singh and Dr. R.K. Thakur and other documents available on record, submits that learned trial Court has rightly taken cognizance against applicants under Sections 323 and 327 of the IPC. From documents available on record, it is clearly established that applicants have assaulted and beaten Surjeet Singh. It is also evident from medical evidence available on record. Hence, applicants are not entitled to be released on anticipatory bail.
8. This Court has examined the submissions of learned counsel for the parties in the light of documents available on record.
9. Looking to the nature of incident/and other facts as well as evidence on record, including the law laid in D. Devaraja (Supra), I deem it proper to release the applicants on bail. Consequently, anticipatory bail application filed on behalf of applicants stands allowed.
9. It is directed that in the event of their arrest, applicants be released on bail on their furnishing a personal bond of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety each of the like amount to the satisfaction of the Arresting Officer. It is also directed that the applicants shall abide by the conditions as enumerated under Section 482(2) of Cr.P.C. It is made clear that applicants shall appear before the Trial Court on the dates fixed by the trial Court failing which their bail shall automatically stand cancelled without further reference to the Court.
Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 11/21/2024 2:47:26 PMNEUTRAL CITATION NO. 2024:MPHC-JBP:56718 5 MCRC-31280-2024
10. C.C. as per rules.
(ACHAL KUMAR PALIWAL) JUDGE vai Signature Not Verified Signed by: VAISHALI AGRAWAL Signing time: 11/21/2024 2:47:26 PM