Shankar vs State Of M.P. on 10 November, 2020

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Madhya Pradesh High Court

Shankar vs State Of M.P. on 10 November, 2020

This is first bail application under Section 439 of the Criminal Procedure Code, 1973. The applicant is in jail since 18.5.2020 in connection with Crime No.76/2020 registered at P.S., Balwada, District Khargone, for offence punishable under Section 307, 341, 294, 323, 506, 34 of IPC.

As per prosecution story, the applicant has adjacent agricultural land to that of complainant. A dispute arose over the dividing line between the parties following heated exchanges. The applicant is alleged to have caused injuries on the wrist of complainant Balram with axe. Besides, other co-accused Jagdish has caused Lathi injury on the body of Ghisaram and Balram. Shankar has caused head injury to Ghisaram with back side of axe and Ramkishan has caused Lathi injury to Prahlad. Accordingly, the case has been registered.

Learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. Investigation is complete and the challan has been filed. No further custodial investigation is required. There is a cross case registered at Crime No.18/2020 by the applicant against the complainant party namely Prahlad, Vijay and Ganesh. They have been enlarged on bail by the trial Court. Learned counsel further submits that in the instant case main accused is Ramkishan, who has hit Prahlad on his head with Lathi and Jagdish has hit by the back side of axe. The alleged injury caused by the applicant is simple in nature. The complainant has been discharged from the hospital on the next day. Applicant does not have criminal antecedents. The co-accused Ramkishan has been granted bail by this Court on 11.8.2020 in M.Cr.C.No.21034/2020. Under such circumstances the prayer for grant of bail may be considered on such terms and conditions as this Court deems fit and proper.

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(Shankar Vs. State of M.P.) Per contra, Shri Choudhary, learned Panel Lawyer for the respondent opposes the bail application supporting the order impugned with submission that though the injuries were caused on the wrist of the applicant, nevertheless he has hit the complainant, who in turn suffered grievous injuries. This itself constitutes an offence for the alleged act committed by the applicant. Hence, the applicant is not entitled for grant of bail. In the alternative he submits that in case bail is granted to the applicant, some stringent condition may be imposed including payment of compensation to the complainant.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that there is a cross case, the applicant and complainant are known to each other, they are having adjacent agricultural fields, the applicant does not have any criminal antecedents and the co-accused Ramkishan has been granted bail, therefore, in the fitness of things it shall be appropriate to order the applicant to pay an amount of Rs.25,000/- (Rs.Twenty Five Thousand only) to the complainant as compensation for the damages caused due to injuries. The aforesaid amount shall not influence the pending trial but is only, for grant of bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court, subject to depositing an amount of Rs.25,000/- (Rs.Twenty Five Thousand only) as compensation payable to the complainant and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall mark his presence before the concerned concerned Police Station on every 2nd and 4th Saturday of every month between 10.00 AM to 12.00 Noon.

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(Shankar Vs. State of M.P.)

(ii) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time-to-time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(iii) the applicant shall not tamper with the evidence in any whatsoever manner or induce or threat any person acquainted with the facts of the case;

(iv) the applicant shall co-operate during trial and will not seek unnecessary adjournments during trial;

(v) the applicant shall not leave India or the area without previous permission of the trial Court/Investing Officer, as the case may be;

(vi) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order;

(vii) violation of conditions, State is free to apply for cancellation of bail.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.

Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.

e-certified copy as per rules.

(Rohit Arya) Judge Patil Digitally signed by Shailesh Patil Date: 2020.11.10 18:12:58 +05'30'

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Madhya Pradesh High Court