Madhya Pradesh High Court
Parimal Kushwah vs The State Of Madhya Pradesh on 15 November, 2016
1 M.Cr.C.12656/16
(Panimal Kushwah Vs. State of M.P.)
15/11/2016
Shri T.C.Bansal, learned counsel for the applicant.
Shri A.S.Yadav, learned Panel Lawyer for the
respondent/State.
Perused the case diary.
This is first bail application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No.218/2016 registered at Police Station-Noorabad District Morena (M.P), for the offence punishable under Sections 341, 294, 323, 324, 147, 148, 149, 336 and 506 of IPC and Sections 25/27 of Arms Act.
According to prosecution case, the complainant was going to his field then he heard the noise of quarrel, he rushed towards the field of Shyan Patel where, Shankar, Parimal, Mukesh, Girraj, Ravi and Jeetu were giving beating to his nephew-Ramroop Kushwah, when complainant tried to save his nephew, Parimal fired at him. It is submitted that applicant has not committed any offence in the cross-case which has been registered against the complainant party. As per the medical report Ramroop sustained injury.
Learned counsel for the applicant submits that the applicant has falsely been implicated. There is no criminal antecedents of the applicant he is in custody since 08.10.2016. There is no likelihood of his absconsion. On these grounds learned counsel for the applicant prays for grant of bail.
The application is opposed by the learned Panel Lawyer. As per the query report, it is submitted that Chootelal sustained fire-arm injury, injury of entrance wound, burning and blackening was found and considering that no bone injury has 2 M.Cr.C.12656/16 been found. Considering the fact and circumstances of the case, but without commenting on merit, I allow this application. It is directed that the applicants shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety in the like amount to the satisfaction of Trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant 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 Court concerned for compliance.
C.C. as per rules.
(D.K.Paliwal)
Sha Judge