Madhya Pradesh High Court
Shri Jagdish Singh vs The State Of Madhya Pradesh on 29 June, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 29th OF JUNE, 2022
MISC. CRIMINAL CASE No. 31367 of 2022
Between:-
SHRI JAGDISH SINGH S/O SHRI ANIL SIGNH
GAUND , AGED ABOUT 20 YEARS, OCCUPATION:
LABOUR VILLAGE NIPANIYA POLICE STATION
BAHORIBAND DISTRICT KATNI MP (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI ARVIND KUMAR SHARMA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROGH
POLICE STATION BAHORIBAND DISTRICT
KATNI MP (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VIJAY SONI, GA FOR STATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
This is s e cond bail application filed on behalf of applicant under Section 439 of CrPC in connection with Crime No.195/2021 under Sections 302/34 of IPC registered at police station Bahoriband, District Katni(M.P) and applicant is in custody since 11/07/2021. Earlier bail application (M.Cr.C No. 57875/2021) was dismissed as withdrawn with liberty to renew the prayer after recording the statement of eyewitness vide order dated 05/01/2022.
Learned counsel for the applicant submits that there are two eyewitnesses, one is Kaushalya Bai, Signature Not Verified wife of deceased Viren Singh (PW-3). She turned hostile and has not supported the prosecution SAN case. Another eyewitness daughter-in-law of deceased namely Smt.Kausha (PW-1). It is Digitally signed by TARUN KUMAR SALUNKE Date: 2022.06.30 11:37:10 IST submitted that though in examination-in-chief, she supported the prosecution case but in para 4 of 2 her cross examination, she admitted that she seen accused running from a distance of 100 feet. She also admitted that because it was dark, she could not visualize as to who was running. On the basis of doubt, they had again visited place of incident along with villagers when she found dead body of her father-in-law.
In view of such statement of Smt. Kausha (PW-1), it is submitted that even evidence of Kausha (PW-1) is doubtful. Applicant has no criminal history. Applicant is in custody since 11/07/2021. Trial will take time to conclude. On aforesaid ground prayer is made to enlarge applicant on bail.
Learned G.A for the State opposes the prayer made by learned counsel for the applicant and submits that axe has been recovered from the possession of Anil containing disintegrated blood marks as has been reported by the F.S.L. Allegation on present applicant/Jagdish Singh is that he given axe to Anil to cause injury to the deceased.
Taking into consideration submissions of learned counsel for the parties and the fact that this is first offence of the applicant, eyewitnesses have been examined, applicant is in custody since 11/07/2021 and there are no chances of tampering with the evidence. Hence without commenting anything on merits of the case, this bail application is allowed. It is directed that applicant Jagdish Singh be released on bail on his furnishing a personal bond to the tune of Rs.50,000/- with two solvent sureties in the like amount to the satisfaction of the learned Trial Court. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
In view of the outbreak of new mutant Omicron of Covid-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
In above term, this bail application is disposed of.
Certified copy as per rules
Signature Not Verified
SAN
(VIVEK AGARWAL)
JUDGE
Digitally signed by TARUN KUMAR
SALUNKE tarun
Date: 2022.06.30 11:37:10 IST