Madhya Pradesh High Court
Chhabbi Lal Kushwaha vs The State Of Madhya Pradesh on 20 December, 2016
MCRC-21258-2016
(CHHABBI LAL KUSHWAHA Vs THE STATE OF MADHYA PRADESH)
20-12-2016
Shri R.K. Shukla, learned counsel for the applicant.
Shri Devendra Shukla, learned Panel Lawyer for the
respondent/State.
Heard arguments.
Perused case diary and material on record. This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.554/2016 registered at Police Station Lakhnadon of Seoni district against them and co- accused Khemchand for the offences punishable under Sections 294, 323, 336, 302 and 34 of the IPC. According to the prosecution, on 01.11.2016 in village Adegoan a dispute arose between the complainant party and the accused party over plucking of Sitafal (custard apples) from trees standing on a land over which both the parties claiming their ownership and possession. In the course of which, the applicants and co-accused Khemchand committed marpeet with bolders and sticks with members of the prosecution party namely, Roopchand, Anil, Bhojraj, Ramcharan, Gayatribai and Mohanlal. Mohanlal succumbed to injuries. Learned counsel for the applicants submits that the applicants have been in custody since 03.11.2016 and that the charge-sheet had been filed. After referring to the postmortem report of deceased Mohanlal, he submits that the doctor, who performed postmortem upon his dead body, has stated that he has observed only abrasions on both his knees and head, but he has not found any fracture in any bone of his person. He has also not given any opinion regarding the real cause of death, and he advised the police to seek opinion regarding the death from a forensic expert. He submits that deceased Mohanlal as per the postmortem report was aged about 65 years. Therefore, he might be died of old age related problems. He submits that all the injured have sustained simple injuries and they all are hale and hearty. He submits that the applicants are the permanent residents of village Adegoan, the place of occurrence and that they have no criminal antecedents. He submits that both the applicants are in the age group of 23 to 25 years and if they remain in jail for long time, then they may come into the contact with the hardened jail inmates which adversely impact their lives. Upon these submissions, he prays for grant of bail to the applicants.
Learned Panel Lawyer opposes the prayer. On due consideration of the facts and circumstances of the case, the submissions raised on behalf of the parties by their counsel and upon the perusal of the PM report of deceased Mohanlal and the MLC reports of the injured persons, but without expressing any opinion on merits of the case, I am of the view that it is a fit case for grant of bail to the applicants. Hence, the application is allowed. It is ordered that applicants Chhabbi Lal Kushwaha and Rakesh Kushwaha be released on bail upon their furnishing âeachâ a personal bond in the sum of Rs.50,000/- (rupees fifty thousands only) with one solvent surety of the same amount to the satisfaction of the court concerned for securing their presence on all such dates as may be fixed by it in this regard. They 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) JUDGE haider