Madhya Pradesh High Court
Ramsingh Bhil vs The State Of Madhya Pradesh on 12 April, 2017
M.Cr.C. No.12254 of 2016
12/04/2017
Shri S. K. Vyas, learned Senior Counsel with
Shri Vivek Singh, learned Counsel for the applicant
--Ramsingh Bhil S/o Kesarsingh Chauhan.
Shri Sudhanshu Vyas, learned Panel Lawyer, for
the nonapplicant/State.
Shri Vismit Panot, learned Counsel for the
complainant.
Heard. Case diary perused.
2. Applicant - Ramsingh Bhil is implicated in
Crime No.155/2016, registered at Police Station -
Kishanganj, Mhow for the offence punishable under
Sections 301, 302, 307, 120 B, 420, 467 and 468 of
IPC. He is in custody since 4/06/2016.
3. As per case diary, on 29/03/2016 at about 1.00
p.m., Jai Singh along with his son Vivek was
travelling in Verna car bearing Registration No.MP
09 CH 3767 and was going towards Tehsil Mhow
and when they reached between Manpur and Mhow
suddenly a dumper bearing registration No. MP 09
GE 3412 coming from opposite direction as well as
on wrong side of road, collided with the car of the
Jai Singh. Behind that there were two motorcycles
bearing Registration Nos.MP 09 NN 4043 and MP 09
CN 3767 also collided in this incident. As a result of
which, Jai Singh and his son Vivek were seriously
injured, however, dumper truck had also dashed
hard into two motor bikes which were ridden by
other two persons. After the said incident, Jai singh
Thakur, his son Vivek and the persons travelling by
motorcycle namely Sukhlal, Suleman Khan, Sunil
S/o Bhagirath and Zakir Khan were hospitalised.
During treatment on 29/03/2016 i.e., on the same
day injured Suleman and Sunil died. On the basis of
the report lodged by Nanuram, eyewitness of the
incident at Police Station Kishanganj vide Crime
No.155/2016, offence under Sections 279, 337 and
304A of IPC were registered against the driver of
the dumper Ramsingh Bhil. One Mobile Nokia
Company in which SIM No.8959439538 of Idea
Company has been recovered from the spot.
4. On 31/03/2016, Bane singh Thakur, brother of
Jai Singh filed an application to Additional S.P.
Mhow stating therein that this incident was a
criminal conspiracy which was pre planned by co
accused Mangilal who was in SubJail Mhow along
with other coaccused person. On 3/04/2016,
Additional SP Mhow directed TI Manpur for detailed
investigation in the matter. The Investigating Officer
traced the call details of dialed numbers from the
seized mobile recovered from the dumper truck
wherein the dialed numbers from the seized mobile
were found to be of Rajendra and Sanju. Thereafter,
the police interrogated the owner of the dumper
truck i.e. Sanju @ Sanjay S/o Brijlal and came to
know that on 19/01/2016 Rajendra had met
Mangilal at Mhow Sub Jail who is an under trial
prisoner in Advocate Yogesh Garg's murder case.
Under the directions of Mangilal, Rajendra planned
the murder of Jai Singh and then Rajendra
contacted Sanju @ Sanjay S/o Brijlal, Omprakash
and a bus driver i.e., Nausad to execute the murder
conspiracy. Thereafter, in order to execute the
murder conspiracy of Jai Singh, Sanju @ Sanjay
S/o Brijlal purchased a second hand dumper truck
worth Rs.5,80,000/ and later on the ownership was
also transferred under his name. Then Sanju @
Sanjay S/o Brijlal and Nausad paid cash to the
applicant to drive the dumper truck to murder Jai
Singh and involved him in the murder conspiracy.
The police had recovered mobile phone and
numbers from Rajendra, Sanju @ Sanjay S/o Brijlal,
Omprakash and Nausad wherein they were
constantly keeping an eye on Jai Singh to execute
the murder and later on it was found that these
mobile numbers were obtained fraudulently and by
making forged document which was done by co
accused Lokesh Solanki.
5. Learned Senior Counsel for the applicant has
submitted that as per 161 statement of eyewitness
Nanuram, who had lodged the FIR and 161 of Jai
Singh (injured), the present applicant was not
driving the dumper truck . Later on, the prosecution
story was changed and as per written complaint
lodged by Bane Singh Thakur, brother of InjuredJai
Singh Thakur on 1/04/2016, Sanju @ Sanjay S/o
Brijlal was driving the dumper truck. He submitted
that on the basis of memorandum of coaccused
Omprakash, Rajendra and Nausad, the present
applicant has been implicated in the alleged offence
whereas it is a case of simple accident. There is no
legal and admissible evidence against the applicant.
He has also drawn my attention to the order sheet
dated 20/02/2017 and submitted that the
Investigating Officer was directed to file a detailed
affidavit specifying therein as who was driving the
offending vehicle(dumper) and what are the
allegations against the present applicant in
committing the murder of deceased Suleman and
Sunil and causing injuries to injured persons.
6. A detailed objection has been filed by Shri
Vismit Panot, learned counsel for the complainant
wherein no allegation has been made against the
present applicant - Ramsingh Bhil.
7. As per FIR lodged by eyewitness Nanuram, the
present applicant was not driving the offending
dumper whereas as per written complaint lodged by
Bane singh Thakur, brother of Jai Singh dated
31.3.2016/1.04.2016 and 27 memo of Coaccused
Omprakash, Rajendra and Naushad, coaccused
Sanju @ Sanjay S/o Brijlal was driving the offending
dumper.
8. This Court by order dated 20/02/2017, directed
the respondent to file a detailed affidavit.
9. At the time of arguments, Shri Sudanshu Vyas, learned panel lawyer has submitted that the affidavit has been prepared and he is filing the same, but as per report, till 3/04/2017, no such documents was filed.
10. I have perused the affidavit filed by the Town Inspector Mhow as well as affidavit dated 12.4.2017 of Additional S.P., Mhow.
11. As per written compliant dated 31.3.2016 lodged by Bane Singh Thakur brother of Jai singh Thakur and police statement of Jai singh, at the time of occurrence on 29.3.2016 Sanju @ Sanjay S/o Brijlal was driving the dumper and the present applicant was not shown at the spot. Though, as per paras 4 and 5 of the affidavit filed by Additional S.P., Mhow, the present applicant was driving the offending dumper but the said averments are contrary to the written compliant lodged by Bane Singh Thakur and police statement of Jai singh.
12. Considering the aforesaid and material available in the casediary, without expressing any opinion on the merits of the case, M.Cr.C. No.12254/2016 is allowed. It is directed that the applicant--Ramsingh Bhil, shall be released on bail subject to his furnishing a 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 concerned JMFC/CJM for his appearance before him or trial Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. This order will remain operative subject to compliance of the following conditions by the applicant :
(i) The applicant will comply with all the terms and conditions of the bond executed by him.
(ii) The applicant will cooperate in the investigation/trial, as the case may be;
(iii) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to the police officer, as the case may be;
(iv) The applicant shall not commit an offence similar to the offence of which he is accused;
(v) The applicant will not seek unnecessary adjournments during the trial; and
(viii) The applicant will not leave India without previous permission of the trial court / Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
C. c. as per rules.
(P.K. Jaiswal) Judge pp/