Madhya Pradesh High Court
Mukesh vs State Of Madhya Pradesh on 23 June, 2020
Author: Vivek Rusia
Bench: Vivek Rusia
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 17272/2020
Mukesh & another. V/s. State of M.P.
-: 1 :-
Indore, dated : 23.06.2020
Applicants by Shri Nilesh Dave, Advocate.
Respondent/State by Shri Saransh Jain, Panel
Advocate.
ORDER
This is the first application under Section 439 of Cr.P.C. by the applicants - Mukesh S/o. Teju and Rajesh S/o. Mohanlal, who are under arrest since 13.5.2020 in Crime No.108/2020, registered at Police Station Tarana, District Ujjain for the offence punishable under Section 307, 363, 147, 148, 332, 186 and 188 34(2) of the I.P.C.
2. Heard the learned counsel for the parties through Video Conferencing and perused the case diary.
3. As per the prosecution story, on 13.5.2020, during lockdown, Assistant Sub Inspector Rameshwar Patel was on duty. The present applicants and others assulted him by stones, sticks, etc. He lodged the FIR which has been registered under the aforesaid offences against the applicants and others.
4. Learned counsel for the applicants submits that the members of 'Banjara' community attacked on the applicants and for which FIR under different crime numbers was registered against them. The police personnel came there during the fight and sustained injuries. The applicants have not caused any injury to them. Even otherwise, the injuries are simple in nature. The police has unnecessarily added Section 307 of the IPC which is non-bailable. The trial may time to conclude due to THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 17272/2020 Mukesh & another. V/s. State of M.P. -: 2 :- Covid-19 epidemic. He, therefore, prays for grant of bail to the applicants.
5. On the other hand, the learned Panel Advocate opposes the prayer for grant of bail by submitting that the applicants and others were found violating the Government directions during the lockdown and when police personnel came there, they attacked on them by stones and sticks. Therefore, they are not entitled for bail.
6. I have perused the case-diary. During the lockdown period, there has been attack on the police, doctors, etc. at various places which is a serious offence. One Assistant Sub Inspector has sustained head injury in the incident. Hence, the applicants are not entitled for grant of bail.
Accordingly, this M.Cr.C. is dismissed.
( VIVEK RUSIA ) JUDGE Alok/- Digitally signed by Alok Gargav Date: 2020.06.23 19:08:41 +05'30'