Madhya Pradesh High Court
Pahalwan Singh vs The State Of Madhya Pradesh Thr on 29 November, 2017
M.Cr.C.No.22869/2017
Pahalwan Singh and Anr. Vs. State of M.P.
Gwalior, Dated : 29.11.2017
Shri Rishikesh Bohare, learned counsel for the
applicants.
Shri R.N. Sharma, learned Public Prosecutor, for
the respondent/State.
Heard arguments.
Perused case diary and material on record. This is the first bail application filed by the applicants under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.373/17 registered at Police Station Raghogarh of Guna district against them and seven other co-accused persons for the offences punishable under Sections 307, 294, 147, 148 and 149 of the IPC.
According to the prosecution, on 28.09.2017 complainant Prema Banjara lodged the FIR stating that on 28.09.2017 at about 5.00 to 5.10 pm applicants namely Pahalwan Singh alias Bhondya and Raghuveer and seven other co-accused persons came to his farm situated in village Naganpur with farsas and lathis on account of previous enmity. They hurled filthy abuses. Thereafter, co-accused persons namely Kamal Singh, Member, Phool Singh and Mohar Singh inflicted blows of farsa on his brothers Chatra, Prema, Lal Singh and Laxman. Applicant Raghveer and co-accused Lala committed marpeet with lathis with Laxman and Chatra. As a result, the aforesaid injured sustained M.Cr.C.No.22869/2017 Pahalwan Singh and Anr. Vs. State of M.P. injuries.
Learned counsel for the applicants submits that the applicants are in custody in the case since 25.10.2017. He submits that upon the report of applicant Pahalwan, the police registered a cross-case at Crime No.372/2017 against the injured of present case Chatra, Lala alias Lal Singh, Prema and other persons namely Durga, Pappu, Sanju, Rai Singh, Gulab and Neku for the offences punishable under Sections 307, 294, 147, 148 and 149 of the IPC. He submits that as per the FIR applicant Raghuveer had not caused any injury to any of the injured persons and as per the FIR applicant Raghuveer caused injury to Laxman and Chatra with lathis and that they both sustained simple injuries. He submits that both the applicants are permanent residents of the place of occurrence and that they have no criminal antecedents. Upon these submissions, he prays for grant of bail to the applicants.
Learned Public Prosecutor opposes the prayer. However, he concedes that as per the case diary both the applicants have no criminal antecedents except the present case.
Taking into consideration the facts and circumstances of the case, the submissions raised on behalf of the parties by their counsel, the registration of the counter-case against the complainant and the M.Cr.C.No.22869/2017 Pahalwan Singh and Anr. Vs. State of M.P. injured of the present case and no role attributed to applicant Pahalwan and the role attributed to applicant Raghuveer causing simple injuries to Laxman and Chatra, but without commenting 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. The Court concerned is directed to release applicants namely Pahalwan Singh and Raghuveer on bail upon their furnishing a personal bond in the sum of Rs.40,000/- (forty thousand) with one solvent surety of the same amount "each" to its satisfaction for securing their presence in the course of trial of the case. The applicants shall abide by all the conditions enumerated in Section 437(3) Cr.P.C. In case of bail jump, the concerned court will have power to cancel the applicants' bail.
Certified copy as per rules.
(Rajendra Mahajan) Judge van VANDANA VERMA 2017.11.30 13:40:40 +05'30'