Madhya Pradesh High Court
Ravi Shakya vs The State Of Madhya Pradesh on 20 March, 2017
M.Crc.2109/17
(Laxman Vs. State of M.P.)
AND
M.Cr.C. No.1961/2017
(Ravi Shakya Vs. State of MP)
20.03.2017
Shri Madhukar Kulshrestha, learned counsel
for the applicants.
Shri J.M.Sahni, learned Panel Lawyer for the
respondent/State.
Both the applications are connected with same crime number, hence it is disposed by this common order.
Heard learned counsel for the parties. This is repeat application of the applicants and their previous applications were dismissed being withdrawn. However, one of the application filed by applicant Laxman was dismissed on 9.8.2016 on merits.
The applicants Ravi and Laxman are in custody since 19.04.2016 and 20.04.2016 respectively relating to Crime No. 49/2015 registered at Police Station Pahadgarh, District Morena for the offence punishable under Sections 328, 380, 511, 120-B, 457, 276, 109 of IPC and under Sections 12,13 of Oshdi Niyantran Adhiniyam, 1949.
Learned counsel for the applicants submits that the persons to whom the prasad was distributed are examined before the trial Court. Ramhet (PW-1), Deepu (PW-2), Kedar (PW-3) have accepted that due to consumption of some M.Crc.2109/17 (Laxman Vs. State of M.P.) AND M.Cr.C. No.1961/2017 (Ravi Shakya Vs. State of MP) poisonous substance they were treated. However, the did not accept that such substance was provided by the applicants. Similarly, the villagers, Ramhet (PW-4), Dhaniram (PW-5), Kallu (PW-6), Raghuiveer (PW-7) and Ramvaran (PW-8) are examined. They did not support the prosecution's case. Hence, prima facie, it is not established that the prasad was given by the applicants to various children. No alleged offence is made out against the applicants. They are under custody since April, 2016 and trial could not conclude. Under the aforesaid changed circumstances, the applicants prayed for grant of bail.
Learned Panel Lawyer opposes the application for bail.
Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case, without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicants may be accepted. Consequently, it is hereby allowed.
It is directed that the applicants Laxman and Ravi Shakya be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty Thousand Only) each with a surety bond of the same amount each to the M.Crc.2109/17 (Laxman Vs. State of M.P.) AND M.Cr.C. No.1961/2017 (Ravi Shakya Vs. State of MP) satisfaction of the Trial Court, to appear before the Trial Court on the dates given by the concerned Court.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(N.K. Gupta) Judge vv