Madhya Pradesh High Court
Balram Katia vs The State Of Madhya Pradesh on 28 November, 2022
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
ON THE 28th OF NOVEMBER, 2022
MISC. CRIMINAL CASE No. 41660 of 2022
BETWEEN:-
1. BALRAM KATIA S/O MANGIRAM KATIA, AGED
ABOUT 28 YEARS, OCCUPATION: LABOURER,
R/O VILLAGE BAGHWAD TEHSIL AND THANA
TIMARNI DISTRICT HARDA (MADHYA
PRADESH)
2. SITARAM KATIA S/O MANGIRAM KATIA, AGED
ABOUT 34 YEARS, OCCUPATION: LABOURER
R/O VILLAGE BAGHWAD, TEHSIL AND THANA
TIMARNI, DISTRICT HARDA (MADHYA
PRADESH)
.....APPLICANTS
(BY SHRI SIDDHARTH DATT - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION TIMARNI DISTRICT HARDA
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI VED PRAKASH TIWARI - PUBLIC PROSECUTOR)
This application coming on for hearing this day, the court passed the
following:
ORDER
Case diary is perused.
Learned counsel for the rival parties are heard. T he applicants have filed this (first) application under section 439 of Signature Not Verified SAN Cr.P.C. for grant of bail.
Digitally signed by VARSHAT h e applicants have been arrested on 20.02.2022 by Police Station CHOURASIYA Date: 2022.11.28 17:19:49 IST 2 Timarni, District Harda (M.P.), in connection with Crime No.90/2022, registered in relation to the offences punishable under Sections 294, 323, 506, 34, 307, 302 of IPC.
Prosecution story in short is that on 18.02.2022 at about 07:45 p.m. when the complainant was taking dinner, at that time, Balram and Ramdayal brought his injured father to home. Thereafter, they left him on the cot and went away without informing the complainant. It is alleged that the father of the complainant disclosed the name of Balram, Sitaram, Jairam and Ramdayal by stating that they have beaten him by means of fists and lathies on account of previous enmity and thereafter, he became unconscious. The injured was taken to the hospital where he was declared dead. On the aforesaid basis, crime has been registered against the applicants.
Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. They are in jail since 20.02.2022. The charge-sheet has been filed, therefore, no further custodial interrogation is required. PW-1 to PW-7 have been examined before the trial Court and they have turned hostile including the complainant. So called eye witness Bholashankar has given up as per order dated 01.08.2022. Almost all the material witnesses have been examined. Trial will take time to conclude finally. The applicants are permanent resident of District Harda (M.P.) and there is no possibility of their absconsion or tampering with the prosecution evidence. The applicants are ready to abide by all the terms and conditions as may be imposed by this Court. On these grounds, they may be released on bail.
On the other hand, learned Public Prosecutor for the State opposed the Signature Not Verified SAN application and prayed for its rejection by contending that on the basis of the Digitally signed by VARSHA CHOURASIYA allegations and the material available on record, no case for grant of bail is made Date: 2022.11.28 17:19:49 IST 3 out, therefore, prays for rejection of bail.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
Considering the overall facts and circumstances of the case coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicants.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicants be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with a local surety of the like amount to the satisfaction of the trial Court/committal Court for their appearance on the dates given by the concerned Court.
T h e applicants shall also furnish a written undertaking before the concerned court that they will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
This order will remain operative subject to compliance of the following conditions by the applicants:-
1. The applicants will comply with all the terms and conditions of the bond executed by them;Signature Not Verified SAN
2. The applicants will cooperate in the investigation/trial, as the case may Digitally signed by VARSHA be;
CHOURASIYA Date: 2022.11.28 17:19:49 IST 4
3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicants shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;
5. The applicants will not seek unnecessary adjournments during the trial; and
6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the trial court concerned for compliance. Certified copy as per rules.
(S. A. DHARMADHIKARI) JUDGE vc Signature Not Verified SAN Digitally signed by VARSHA CHOURASIYA Date: 2022.11.28 17:19:49 IST