Madhya Pradesh High Court
Pinku @ Praveen Singh vs The State Of Madhya Pradesh on 19 January, 2015
M.Cr.C. No.467/2015 19.01.2015
Shri P.K. Saxena, learned counsel for the applicant.
Smt. Pratibha Mishra, learned Panel Lawyer for the non-applicant/State.
Case diary is not available.
Learned counsel for the applicant submits that the trial Court has recorded the evidence of complainant Kamleshwar @ Lala and one witness, namely, Buddhasen @ Buddhiman on 18.11. 2014 and 03.12.2014 respectively. He further submits that the complainant has filed an application for composition of the offences. He has filed copies of all these documents with the bail application. He, therefore, prays that the bail application be decided on the basis of said documents.
On due consideration, the prayer is allowed. Heard arguments.
Perused all the material on record. This is first application by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Special Case No. 47/2014 State of M.P. through P.S. AJK, Sidhi, District Sidhi Vs. Pinku @ Praveen Singh, pending in the court of Special Judge, SC/ST Sidhi, which had arisen from the Crime No.790/2014 registered at Police Station, Kotwali, District Sidhi and later transferred to the P.S. AJK, Sidhi, against him for the offences punishable under Sections 327, 294, 506, 323 of the IPC and 3(1)(10) of the Schedule Caste & Schedule Tribes (Prevention of Atrocities Act) 1989.
Learned counsel for the applicant submits that the applicant is in custody since 23.09. 2014. It is also submitted by him that the applicant is a young man of 28 years old and he is permanent resident of village Madariya. He further submits that in view of the above documents the applicant be given the relief of bail. Upon these submissions, the prayer is made for grant of bail.
Learned Panel Lawyer has opposed the prayer for grant of bail.
It appears that complainant Kamleshwar has filed an application for composition of the offences under Section 320(1) of the Cr.P.C, which is under consideration before the trial Court. On perusal of the depositions of the complainant and witness Buddhasen, it appears that they have been declared hostile. The complainant in his statement has simply stated that the applicant hit him with a piece of brick and abused him in the name of mother and sister.
On due consideration of the facts, and circumstances of the case, nature of offences, above documents and the submissions advanced on behalf of the parties by their counsel, but without expressing any opinion on merits of the case, I am of the view that it is a fit case for grant of bail. Hence, the application is allowed. It is, therefore, ordered that applicant Pinku @ Praveen Singh be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in like amount to the satisfaction of the trial Court. He shall appear in the case on all the dates as may be fixed by the trial Court. In case of bail jump, the trial Court will have power to cancel the bail of the applicant.
Certified copy as per rules.
(Rajendra Mahajan) Judge ac/-