Madhya Pradesh High Court
Sindhpal Singh vs The State Of Madhya Pradesh on 21 September, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No.45891/2021
( Sindhpal Singh Vs. The State of Madhya Pradesh )
(1)
Gwalior, dated :21/09/2021
Shri S.K. Tiwari, learned counsel for the applicant.
Shri Devendra Choubey, learned Public Prosecutor for the
respondent/State.
Heard learned counsel for the parties.
Case diary perused.
The applicant has filed this fifth application under section 439 of the Cr.P.C. for grant of bail. Earlier first bail application was dismissed as withdrawn vide order dated 01/02/2021, dated 26/03/2021 and 06/05/2021 passed in M.Cr.C. No. 3832/2021, M.Cr.C. No. 15473/2021 and M.Cr.C. No. 22182/2021 respectively and fourth bail application was dismissed on merit vide order dated 21/06/2021 passed in M.Cr.C. No. 28635/2021.
The applicant has been arrested on 18/09/2020 by Police Station - Indergarh District Datia (M.P.) in connection with Crime No.129/2020 registered in relation to the offence punishable under Sections 307, 325, 147, 148, 149, 452, 294, 323, 336, 506 and 188 of the IPC and Section 51-B of the Disaster Management Act.
Allegations against the applicant and another co-accused in short is that on 08/05/2020 at about 7.00 pm when complainant was standing outside the house and at that time co-accused Deependra Parmar and Chandrabhan Parmar were also present. Complainant said that you have come from Rajasthan, therefore, you should stay in the house for 14 days looking to Covid-19 pandemic. On the aforesaid issue, they started abusing each other filthly. After 15 minutes, all the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.45891/2021 ( Sindhpal Singh Vs. The State of Madhya Pradesh ) (2) accused persons came together and entered the house of the complainant. Co-accused Bhupendra fired in the air, Bhagwan Singh and Lakhan Singh caught hold the complainant. Gayaprasad Kushwah and Shayambihari Kushwah came to rescue him. At that time, co- accused Deependra Parmar inflicted injury with the help of Lohangi on the head of Narendra due to which blood started oozing out. Bobby Bundela beat Gayaprasad with Sariya on head due to which blood started oozing out. Present applicant also beat Shayambhiari Kushwah on head due to which blood started oozing out. On the aforesaid basis, crime has been registered.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 18/09/2020. It is submitted that charge sheet has been filed and no further custodial interrogation is required in the matter. The offence took place all of a sudden without mediation, therefore, there was no intention to kill the complainant. The applicant did not beat him repeatedly. There is no eye witness to the incident and custody period is also more than one year. There is no likelihood of escalation of offence to the higher counts. The applicant is a permanent resident of District Datia (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. It is further submitted that in view of outbreak of COVID 19, detention of the applicant in already congested prison may be detrimental. The applicant is ready to abide by all the terms and conditions as may be imposed by this HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.45891/2021 ( Sindhpal Singh Vs. The State of Madhya Pradesh ) (3) Court. Under these grounds, applicant prays for grant of bail.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
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 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 applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one local surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.
The applicant shall also furnish a written undertaking before the concerned court that he 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.
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR M.Cr.C. No.45891/2021 ( Sindhpal Singh Vs. The State of Madhya Pradesh ) (4) 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 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 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 trial Court concerned for compliance.
Certified copy as per rules.
(S.A.Dharmadhikari) Judge Prachi PRACHI MISHRA 2021.09.23 14:53:19 +05'30'