Madhya Pradesh High Court
Prem Singh vs The State Of Madhya Pradesh on 14 March, 2022
Author: Anand Pathak
Bench: Anand Pathak
1
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.7286/2022
(Prem Singh Vs. State of M.P.)
Gwalior Bench: Dated 14.03.2022
Shri Jitendra Sharma, learned counsel for the petitioner.
Shri Kuldeep Singh, learned PP for the respondent/State.
Shri Anil Sharma, learned counsel for the complainant. The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 11.12.2020, by Police Station- Ambah, District- Morena, in connection with Crime No.857/2020, for the offence punishable under Sections 302, 147, 148, 149 of the IPC and Sections 25/27 of the Arms Act.
2. It is the submission of learned counsel for the applicant that applicant has been falsely implicated in this case and he is suffering confinement since 11.12.2020 and prosecution witnesses have not yet been examined, therefore, it is a case of delayed trial. It is submitted that total 8 persons have been arrayed as accused in the case in hand and it is difficult to ascertain who opened fire over the deceased to cause him injuries. It it further submitted that report dated 07.12.2020 submitted from the office of Scene of Crime Unit, District Morena referred the case to be doubtful. Counsel fairly submitted that applicant bears criminal record of three cases wherein in two cases acquittal has been recorded and one case is pending still. Confinement amounts to pretrial detention. Therefore, under these grounds, he prays for grant of bail.
2
HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7286/2022 (Prem Singh Vs. State of M.P.)
3. Learned Public Prosecutor for the respondent/State opposed the prayer and submitted that report of Scene of Crime Unit, District Morena indicates that deceased was lying on his cot ( [kfV;k) having his head towards south and legs towards north and from the window, opening up in East side was the place where assailant opened fire over the deceased. Entry wound is available over right abdomen. Height of window vis-a-vis cot indicates that trajectory apparently sufficient enough to cause injuries, therefore, forensically at this stage, no benefit of bail can be given to the applicant. It is further submitted that applicant bears criminal record of two cases and both are of under Sections 323, 294 and 506 of IPC. Both cases are still pending according to the case diary. Therefore, he prayed for dismissal of this application.
4. Learned counsel for the complainant also opposed the prayer and submitted that all accused were instrumental in causing injuries to the victim who succumbed to it and this is a case of murder and therefore, application may be dismissed.
5. Heard the learned counsel for the parties and perused the documents appended thereto.
6. This is case for offfence under Section 302 of IPC alogwith Sections 147, 148, 149 of IPC. From the report of Scene of Crime Unit 3 HIGH COURT OF MADHYA PRADESH M.Cr.C. No.7286/2022 (Prem Singh Vs. State of M.P.) forensically at this stage, looking to the report no benefit of bail can be given to the applicant. Discussion in detail is not made so that it may not cause any impact either way in the trial, however; looking to the allegations and fact that witnessed are yet to be examined, cumulatively no case for grant is made out.
7. Application sans merits and is hereby dismissed. However, it is hereby expected from the prosecution that it shall ensure the attendance of all prosecution witnesses and shall depose them before the trial court as per law.
(Anand Pathak) Judge Rashid RASHID KHAN 2022.03.15 11:00:36 +05'30' 11.0.8