Madhya Pradesh High Court
Chhotu Pandit @ Avanish vs The State Of Madhya Pradesh Thr on 9 August, 2018
1 MCRC-29245-2018
The High Court Of Madhya Pradesh
MCRC-29245-2018
(CHHOTU PANDIT @ AVANISH Vs THE STATE OF MADHYA PRADESH THR)
Gwalior, Dated : 09-08-2018
Shri Ram Kishore Sharma, learned counsel for the applicant.
Shri B.P.S.Chouhan, learned Public Prosecutor for the
respondent/State.
Shri Padam Singh, learned counsel for the complainant. Case diary is perused.
Learned counsel for the parties are heard.
This is the first application under Section 439 of Cr.P.C. for grant of bail. The applicant was arrested on 18.12.2017 by Police Station Dehat District Bhind in connection with Crime No.642/2017 registered in relation to the offence punishable under Sections 363, 364, 302/34 of IPC.
Learned counsel for the applicant submits that the case of the applicant Chhhotu Pandit is covered by the order of this court passed in M.Cr.C.No.25243/2018 - Jaydeep Singh Kushwah Vs. State of M.P. and therefore on the basis of party he prays for bail.
Learned Public Prosecutor for the State opposes the bail. Learned counsel for the complainant on the other hand submits that it is not a case of drowning but that of murder. He submits that Chhotu Pandit had strangulated the deceased Saurabh Singh @ Chhutki and thereafter had thrown the dead body in Kunwari River closed to village Kirraj Police Station Porsa. He submits that in fact some life was left in the body of Saurabh Singh, therefore, in the post mortem report doctor has opined it to be a case of accidental drowning.
Modi's Medical Jurisprudence and Toxicology, Twenty-third Edition, page 611 has categorically referred to judgment of the Hon'ble Supreme Court in the case of Adi Bhumiani Vs. State as reported in AIR 1957 ORI 214 that in the case of death by drowning, asphyxia is a common cause in the majority of cases, as water getting into the lungs gets churned up with air and mucus and produces a fine froth which blocks the air vesicles.
In the case of K.Puranchandra Rao Vs. Public Prosecutor, Andhra Pradesh as reported in AIR 1975 SC 1925, Hon'ble Supreme Court has held that only internal examination of the body can reveal symptoms which may indicate with certainty as to whether the death was from drowning or from unlawful violence before the body was immersed 2 MCRC-29245-2018 in water.
In the present case since doctor undertaking post mortem has categorically mentioned that it is a case of accidental drowning and death is due to axphyxia, therefore, the theory propounded by the learned counsel for the complainant Shri Padam Singh that it was a case of murder and thereafter dead body was thrown in water is not made out.
In view of the aforesaid facts and circumstances, it is a fit case to enlarge the applicant on bail on the basis of party in the case of Jaydeep Singh Kushwah. Hence, without expressing any opinion on the merits of the case, this application is allowed and it is directed that on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) alongwith two solvent sureties of the like amount to the satisfaction of the trial court/committal court concerned, the applicant shall be released on bail, with a direction that he will remain present on each and every date of the trial before the trial court/committal court concerned and shall abide by all the terms and conditions enumerated under Section 437 (3) of Cr.P.C.
His single non-appearance shall cancel his bail automatically by the trial court concerned, without any further order of this court.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE SP Digitally signed by SANJEEV KUMAR PHANSE Date: 2018.08.16 10:03:44 +05'30'