Madhya Pradesh High Court
Jaban Singh @ Jodan vs The State Of Madhya Pradesh on 2 July, 2015
M.Cr.C. No.5487/2015
02.07.2015
Shri H.K.Shukla, learned counsel for the applicant.
Dr. Smt. Anjali Gyanani, learned Dy. GA for the
respondent/State.
Heard on I.A. No. 5066/15, which is an application under Section 301(2) of the Cr.P.C. for permitting the learned counsel, who is appearing on behalf of the complainant to assist the learned counsel for the respondent/State.
On due consideration, the application (I.A. No. 5066/15) stands allowed.
I.A. No. 5066/15 stands allowed and disposed of. This is first application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No.135/2015 registered at Police Station, Kailaras, District Morena, for the offence punishable under Sections 302, 307, 147, 148, 149, 323 & 294 of the IPC and Section 25/27 of the Arms Act.
As per the prosecution case on 01/05/15 at about 8-00 a.m. Harkanth and Veerendra were grazing their cattles and they were also picking mangoes from the garden of the complainant, then Amol Singh reached the spot and turned them out. Thereafter, Sahab Singh armed with 12 bore gun Johan Singh, Harkanth Singh and Veerendra armed with Lathi and Bhura armed with axe and Indal armed with Pharsa came there and all of them surrounded the brother of the complainant. When he tried to run away, all of them tried to kill him, then Sahab Singh has fired at Amol Singh, which hit on his chest and he fell down. When he started running, then Sahab Singh again fired twice. As a result of which, he fell down. When complainant intervened, Johan Singh and Harkanth Singh gave lathi blow on his right and left shoulder. The incident was witnesses by Rinku, Basant Singh and Honey Singh.
Learned counsel for the applicant submits that applicant has not committed any offence. He has falsely been implicated. There is no allegation against the applicant that he caused any injury to the deceased. The injuries attributed to the applicant are simple in nature. Applicant is under custody since 05/03/15. Conclusion of trial likely to take time, hence prayed for bail.
The prayer is opposed by learned Panel Lawyer for the respondent/State as well as the counsel appearing on behalf of the complainant.
Case-diary perused.
As per the post-mortem of the deceased/Amol Singh, by the gun shot injury, the entry wound has been found over the left side of the chest. Death of the deceased has been caused due to excessive bleeding. As per the medical report of Rupendra, he received an abrasion over right shoulder and this injury has been found to be simple in nature. Rupendra, Basant Singh, Rinku and Hari Singh in their case-diary statements have stated that applicant along with co-accused came on the spot and surrounded Amol Singh and exhaurted to kill him. Thereafter, Sahab Singh fired gun shot at Amol Singh.
Considering the material available and the gravity of the offence, the applicant is not entitled for bail.
Accordingly, (M.Cr.C. No. 5487/15) stands dismissed.
C.c. as per rules.
(D.K.Paliwal)
sk Judge