Madhya Pradesh High Court
Mohansingh vs The State Of Madhya Pradesh on 13 August, 2018
MCRC No.31703/18 (Mohansingh & Ram vs. State of MP) 1
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.31703/2018
(Mohansingh & Ram vs. State of M.P.)
Indore: Dated:-13/08/2018:-
Shri Manoj Saxena, learned counsel for the petitioners.
Shri Rakesh Maheshwari, learned Public Prosecutor for
the respondent/State.
Heard with the aid of case diary.
ORDER
As per statement made by the accused/petitioner, this is the first bail application under Section 439 of Cr.P.C. before High Court in connection with Crime No.158/18 under Sections 294, 323, 506, 147, 148, 149, 307, 325 of IPC registered at Police Station - Suthaliya, District-Rajgarh (Biaora).
2. It is submitted by the learned counsel for the petitioners that the petitioners are innocent and have falsely been implicated in the present case. There is no evidence against them. Conclude of trial is likely to take time. The petitioners are permanent resident of district-Rajgarh (Biaora). There is no possibility of their absconding. They are ready to furnish adequate security.
3. Learned counsel further submits that under identical circumstances, co-accused Surajsingh has been granted bail by this Court in M.Cr.C. No.29291/2018 on 30/07/2018 and on the ground of parity, the present petitioner is entitled to the same.
MCRC No.31703/18 (Mohansingh & Ram vs. State of MP) 2
4. The Prosecution has opposed the bail application.
5. According to the prosecution case, on 02/05/2018 the complainant Sultansingh had gone to sale his grain in Krishi Upaj Mandi, Suthaliya where other farmers were also present for the same purpose. There was a queue for weighing the grain. Just out of the curiosity, when he approached the person, who was weighing the grain of farmers and asked him as to when his number may come, Surajsingh and Mohan started abusing him. He asked them not to do the same but Ram and Shyam also joined them and started abusing him. On hearing clamour, Rahul also reached there and followed the suit. Ram picked a wooden stick and Axe and inflicted on left hand and shoulder of the complainant. His uncle Laxminarayan tried to intervene. Surajsingh inflicted wooden stick on his head and Shyam inflicted wooden stick on claw of right hand. As Sarpanch Balwant tried to pacify them, Mohan beat him also with wooden stick. Several injuries were caused to the complainant on various parts of the body. Balwant sustained grievous injury on the head. On the report of complainant, a case was earlier registered under Section 324 of IPC and after receiving injury report of Balwant Section 307 of IPC was also added in the case.
6. It is argued by the learned counsel for the petitioners that there was a free fight between both the parties on a petty issue regarding number for weighing grain. Cross case, crime No.157/2018 is also registered against the opponent, in MCRC No.31703/18 (Mohansingh & Ram vs. State of MP) 3 which they all have been granted bail by the learned trial Court. The allegation against the petitioner is to cause injury to Balwant by stick. On medical examination, a hematoma was found on the head. Therefore, he may be released on bail. The accused are in custody from 08/07/2018. Investigation is over and charge sheet has already been filed.
7. Having regard to the aforesaid, evidence available on record and other facts and circumstances of the case,, I deem it proper to release the accused on bail. Therefore, without commenting on merits of the case, the application is allowed.
8. It is directed that the petitioners Mohansingh & Ram be released from custody on their furnishing personal bond in the sum of Rs.40,000/- (Rs. Forty Thousand) each with one solvent surety of the like amount to the satisfaction of the Trial Court for their appearance before the Trial Court as and when required further subject to the following conditions:
(i) The petitioners shall co-operate in the trial and shall attend the trial Court during the trial;
(ii) The petitioners shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade them from disclosing such facts of the Court;
(iii) The petitioners shall not commit any offence or involve in any criminal activities;
(iv) In case, involvement in any other criminal activity is found, the bail granted in this case may also be cancelled.
(Virender Singh) Judge soumya Digitally signed by Soumya Ranjan Dalai Soumya DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, Ranjan postalCode=452001, st=Madhya Pradesh, 2.5.4.20=f4d2118683e84322 bb5797cf28ee60671538b73 Dalai 7cf52962d84d7b527897e53 ac, cn=Soumya Ranjan Dalai Date: 2018.08.14 11:54:03 +05'30'