Madhya Pradesh High Court
Remsingh @ Rema vs The State Of Madhya Pradesh on 9 June, 2022
Author: Virender Singh
Bench: Virender Singh
-1-
The High Court of Madhya Pradesh : Bench At Indore
BEFORE
HON'BLE SHRI JUSTICE VIRENDER SINGH
ON THE 9th OF JUNE, 2022
MISC. CRIMINAL CASE No. 21636 of 2022
Between:-
REMSINGH @ REMA S/O JAGDISH BARELA , AGED
ABOUT 28 YEARS, OCCUPATION: POHA STALL
MEMBER FALAYA GRAM NALTI, THANA PATI,
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI ANOPAM CHOUHAN, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION PATI (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI HEMANT SHARMA, GOVT. ADVOCATE)
This application coming on for hearing this day, the court
passed the following:
ORDER
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. in connection with Crime No.318/2021 registered at Police Station - Pati, District - Barwani for the offences punishable under Section 302 of the IPC.
-2-02. This is a case of blind murder. The body of deceased Darsiya was recovered on 04.12.2021. The postmortem confirmed that it was a homicidal death, therefore, a case was registered and investigated by the police. During investigation, it emerged that the petitioner was having animosity with the deceased on account of some land dispute. Suspecting him responsible for the murder, the police arrested the petitioner and on the basis of his disclosure made by him, recovered an axe from an open place. According to the prosecution, the axe was having blood stains, therefore, it has been sent to the Forensic Science Laboratory and without receiving any FSL report regarding confirmation of stains observed on the axe, the police have completed the investigation and has filed the charge-sheet.
03. Learned Public Prosecutor has referred to police statements of Jagdish, Mansharam, Raisingh, Girmal, Lalsingh Chensingh, Suresh, Ramesh and Daya who have stated in chorus that on interrogation by the police the petitioner confessed the crime.
04. No other evidence except the confession made by the petitioner in presence of the police and other witnesses and seizure of axe could be pointed out by the State.
05. Having regard to the statements of the witnesses, the seizure made from the petitioner and the other evidence available on record I deem it appropriate to allow the application. Therefore, without commenting on the merits of the case, application is -3- allowed.
07. It is directed that Santosh @ Pankshi be released from custody on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions :-
(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial
(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;
(iii) The petitioner shall not commit any offence or involve in any criminal activity;
(iv) In case of her involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.
(VIRENDER SINGH) V. J U D G E Ravi Digitally signed by RAVI PRAKASH Date: 2022.06.10 12:54:24 +05'30'