Madhya Pradesh High Court
Rohit Das vs The State Of Madhya Pradesh on 6 November, 2017
THE HIGH COURT OF MADHYA PRADESH
MCRC-15183-2017
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(ROHIT DAS Vs THE STATE OF MADHYA PRADESH)
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Jabalpur, Dated : 06-11-2017
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Shri O. P. Agnihotri, counsel for the petitioner.
Shri M. K. Soni, Government Advocate for the respondent-State.
a Heard on this first application for bail under Section 439 of the Code hy of Criminal Procedure filed on behalf of petitioner Rohit Das in crime ad no. 126/2017 registered by P.S.- Ramnagar, District- Anuppur for the M offence punishable under Sections 294, 323, 326 and 506 of the Indian Penal Code.
of As per the prosecution case, Om Prakash gave a mango to victim rt Sanjay Kumar Nat from the mango orchard. Petitioner Rohit was ou guarding the aforesaid orchard. He came and started to filthily abuse the victim. When the victim protested, he pulled out his waist belt and C struck two blows with it to the victim. One of the blows landed on the h right eye of the victim resulting in permanent loss of eyesight. ig Learned counsel for the petitioner submits that a waist belt does not H fall in any of the categories mentioned under section 326 of the Indian Penal Code. It can also not be included in the category of a dangerous weapon because it cannot cause death even if it is used as a weapon of offence (unless of course if it is used for the purpose of strangulation). Thus, even if it is assumed for the sake of arguments that the victim has sustained an injury which resulted in permanent loss of eyesight, the act of the petitioner would not travel beyond section 325 of the Indian Penal Code, which is a bailable offence. The petitioner has been in custody since 29.08.2017 and charge sheet in the matter has been filed. Therefore, it has been prayed that the petitioner be released on bail.
Learned Government Advocate for the respondent-State on the other sh hand has opposed the application mainly on the ground that because of the act of the petitioner the victim has permanently lost his eyesight.
e ad However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts, as pointed out by learned counsel Pr for the petitioner, in the opinion of this Court, the petitioner deserves a to be released on bail.
hy Consequently, this first application for bail under Section 439 of the ad Code of Criminal Procedure filed on behalf of petitioner Rohit Das , is allowed.
M It is directed that the petitioner shall be released on bail on furnishing of a personal bond in the sum of Rs. 50,000/- with one solvent surety in the same amount to the satisfaction of the trial Court for his rt appearance before that Court on all dates fixed in the case and for ou complying with the conditions enumerated under Section 437 (3) of the C Code of Criminal Procedure. h Certified copy as per rules. ig H (C V SIRPURKAR) JUDGE BIJU BABY b 2017.11.07 00:14:28
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