Madhya Pradesh High Court
Rajendra @ Raju Singh vs The State Of Madhya Pradesh on 26 November, 2015
MCRC-15306-2015
(RAJENDRA @ RAJU SINGH Vs THE STATE OF MADHYA PRADESH)
26-11-2015
Shri Manish Datt, learned Senior Counsel with Shri Yogesh Soni,
learned counsel for the applicant.
Shri Vijay Soni, learned Public Prosecutor for the respondent/State.
Heard.
This is the repeat application filed u/s 439 of Cr.P.C for grant of bail to the applicant. Earlier applications were dismissed as withdrawan vide order dated 9/02/2015 and 24/06/2015 respectively. The applicant is in jail since 15/12/2014 in connection with Crime No. 274/2012 registered at P.S. Civil Lines, District Rewa in respect of the offence punishable under Sections 307, 302/34 of IPC. It is contended by learned senior counsel that another co-accused Jagatpal Singh has been enlarged on bail by this Court and there is parity between the present applicant and co-accused Jagatpal Singh.
I have perused the case diary and the statements of witnesses. The allegation against the present applicant is that he had inflicted a blow from hockey stick on the head of deceased. There is also the same allegation against co-accused Jagatpal Singh that he had inflicted a blow of sabbal on the head of deceased. Jagatpal Singh has been enlarged on bail by this Court vide order dated 26/08/2014 passed in M.Cr.C. No. 5986/2014. The Court passed the following order in the case of Jagatpal Singh:-
âShri Imtiaz Hussain, Advocate for the applicant.
Shri Vijay Soni, PL for the respondent/State. Heard finally.
This is the third application filed by applicant under Section 439 of the Cr.P.C for grant of bail. Earlier two application were dismissed as withdrawn. At the time of withdrawal of second application trial Court was directed to expedite the trial and conclude the same as far as possible within four months.
Applicant has been arrested on 19/05/2012 in connection with Crime No. 274/2012 registered at P.S. Civil Lines Rewa, District Rewa for the offence punishable under sections 307, 302/34 of IPC. Learned counsel for the applicant submits that still trial has not been completed and as many as 11 witnesses have been examined before the trial court. It is further submitted that in the First Information Report there was omnibus allegation to the effect that applicant alongwith other co- accused persons assaulted the deceased. Main witness Sukhendra has admitted in his cross examination that this applicant assaulted the deceased by baseball and co-accused Raju assaulted him by lathi. The first blow was given by Raju though he stated that this applicant also assaulted the deceased by using sabbal. It is submitted that as per the statement of Dr. S.K. Pathak, fracture of skull bone could be caused by one blow. Trial would take considerable time to be disposed of finally therefore, he prays for grant of bail to the applicant.
Learned counsel for the State opposes the application.
On due consideration of the facts and contention raised on behalf of the parties alongwith the statements of Sukhendra, Dr. S.K. Pathak and postmortem report, I am of the considered view that it is a fit case to release the applicant on bail. Therefore, without commenting on the merits of the case, this application is allowed and it is directed that applicant shall be released on bail on her furnishing a personal bond in a sum of Rs. 35,000/- (Rupees Thirty Five Thousand only) with one surety in the like amount to the satisfaction of committal Court/trial Court for securing her presence before the said Court on all the dates of hearing fixed in this regard during trial.â Prima facie it appears that there is parity between co-accused Jagatpal Singh and present applicant. Hence without expressing any opinion on the merits of the case, this application is allowed. It is directed that on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand) by the applicant alongwith one solvent surety in the like amount to the satisfaction of trial Court, applicant Rajendra @ Raju Singh shall be released on bail with a direction to appear in the trial Court on the date of the trial. The applicant shall abide by the following conditions of 437 (3) of Cr.P.C as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and ( c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Certified copy as per rules.
(S.K. GANGELE) JUDGE