Madhya Pradesh High Court
Prashant Sikarwar vs The State Of Madhya Pradesh on 9 May, 2019
1
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 17928/2019
(Prashant Sikarwar Vs. State of MP)
Gwalior, Dated 09.05.2019
Shri R.K.Sharma, learned senior counsel with Shri Ankur
Maheshwari, counsel for the applicant.
Shri Aditya Sharma, learned Public Prosecutor for the
respondent/State.
Shri Sanjay Gupta, learned counsel for the complainant. Learned counsel for the parties heard on second bail application filed under Section 439 of Cr.P.C. before this Court on behalf of applicant in relation to Crime No.984/2018 registered at Police Station Kotwali, District Morena in connection with offence punishable under Sections 341, 294, 323, 307, 506, 302/34, 147, 148, 149 and 325 of IPC. His first application was dismissed as withdrawn vide order dated 18.01.2019 passed in M.Cr.C. No. 52689/2018.
Perused the case diary.
As per prosecution story, on 21.9.2018 at about 1-00 PM, complainant Suraj Singh Jadon lodged an FIR at Police Station Kotwali District Morena alleging therein that on 20.9.2018 he was going in car along with his brother Deepak Jadon and cousin brother Rohit Jadon to his house which is situated in Tulsi Colony, when they reached infront of the house of Kanchan Singh Tomar, the accused persons came there along with danda (sticks) and they abused the complainant party. Co-accused K.P. @ Krishna Pal gave beating to complainant by sticks, when Rohit tried to rescue, he was 2 also beaten by the accused persons.
It has been contended by learned senior counsel that the applicant has been falsely implicated in the crime due to previous enmity. The charge sheet has been filed. It is further submitted that in the postmortem report, 'signs of surgical intervention evident' is mentioned. That means as a result of head injuries and its surgical complication, the deceased died, which are not the injuries caused by the present applicant. The applicant is in custody since 26.09.2018. It is also submitted that co-accused Om Pratap Singh has already been granted the benefit of regular bail by this Court vide order dated 24.4.2019 passed in M.Cr.C. No.14316/2019. Hence, it is prayed that benefit of regular bail be given to the present applicant-Prashant.
Per contra, above mentioned prayer has been strongly opposed by the learned Public Prosecutor appearing for the State as well as counsel for the complainant on the ground that on the basis of material available on record, no case for grant of bail is made out. The deceased died due to the injuries caused by the applicant and other co-accused persons.
Having heard the rival contentions raised by learned counsel for the parties, without commenting on the merits of the case, in the opinion of the Court it appears to be a fit casefor granting benefit of regular bail to the present applicant.Hence the repeat application 3 filed by the applicant-Prashant under Section 439 of the Cr.P.C. is allowed and it is ordered that on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees one lakh only) with one solvent surety in the like amount by the applicant to the satisfaction of the Court concerned for his regular appearance on the dates given by the concerned Court, he be released on bail subject to following conditions:-
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;
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. State is also directed to send a copy of this order to the concerned Police Station along with the case diary.
Certified copy as per rules.
(Rajeev Kumar Shrivastava)
vv Judge
VALSALA
VASUDEVA
N
VALSALA
2019.05.10
14:45:08
VASUDEVAN
2018.10.26
15:14:29 -07'00'
-07'00'