Madhya Pradesh High Court
Rakesh Ahirwar vs The State Of Madhya Pradesh on 2 September, 2021
Author: Atul Sreedharan
Bench: Atul Sreedharan
1 MCRC-35539-2021
The High Court Of Madhya Pradesh
MCRC-35539-2021
(RAKESH AHIRWAR Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 02-09-2021
Heard through Video Conferencing.
Mr.Sankalp Kochar, learned counsel for the applicant.
Mr.Ayur Jain, learned Panel Lawyer for the respondent/State.
Mr.Qasim Ali, learned counsel for the Objector.
This is the second bail application moved by the applicant herein under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.321/2020 for offences punishable under Sections 302, 341, 506 and 34 of IPC and section 25 of Arms Act registered at Police Station-Habibgunj, District- Bhopal, after having been dismissed the first application being M.Cr.C.No.51995/2020 vide order dated 12.02.2021 with the liberty to file afresh either in the second week of July, 2021 or after the statement of the material witnesses are recorded before the learned trial Court, whichever is earlier.
The applicant has been in judicial custody since 23.04.2020 in the aforesaid case and has completed more than 1 year as an under trial. The trial is still going on and only one witness who has been examined for the prosecution and that too only in-chief. Learned counsel for the applicant has drawn the attention of this Court to the last order passed by this Court, whereby the first application of the applicant was dismissed as withdrawn vide order dated 12.02.2021 passed in M.Cr.C.No.51995/2020 with the liberty to file afresh in the second week of July, 2021.
Learned counsel for the applicant has submitted that the evidence of one of the eye witnesses goes to reveal that the fatal blow was given by the co-accused Saudan, who used the knife to stab the deceased on the stomach and chest. The allegation against the applicant herein is of having broken a Signature Not Verified SAN bottle and assaulted the deceased with the said bottle. Learned counsel for the Digitally signed by SHYAMLEE SINGH SOLANKI Date: 2021.09.03 12:24:55 IST 2 MCRC-35539-2021 applicant has also read out from the postmortem report which reflects that the corresponding injury is only an abrasion on the face.
Learned counsel for the State and the Objector have vehemently objected to bail being granted to the applicant. They have submitted that the applicant had a common intention along with the main accused Saudan in the commission of the crime. The nature of the injury notwithstanding, learned counsel for the Objector submits that a common intention can be formed at the spur of the moment also. Learned counsel for the applicant on the other hand submits that the said argument is to be decided at the time of final argument, where the trial Court appreciate all the evidence that has come on record.
Learned counsel for the State on the other hand has also objected to bail being granted on account of 13 cases which were registered against the applicant herein. Learned counsel for the applicant has read out the details of 13 cases, out of which almost more than 90% are under section 323, 294 and 506 of IPC and few under the Arms Act.
Be that as it may, looking at the facts and circumstances of the case and what has been argued and considered herein above by this Court, the application is allowed, and it is directed that the applicant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court.
The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the coronavirus and if he is, he shall be sent to the nearest hospital designated by the state for treatment. If not, he shall be transported to his place of residence by the jail authorities.
C.C. as per rules.
(ATUL SREEDHARAN) JUDGE Signature Not Verified SAN rk.
Digitally signed by SHYAMLEE SINGH SOLANKI Date: 2021.09.03 12:24:55 IST3 MCRC-35539-2021 Signature Not Verified SAN Digitally signed by SHYAMLEE SINGH SOLANKI Date: 2021.09.03 12:24:55 IST