Madhya Pradesh High Court
Parwat Singh Lodhi vs The State Of Madhya Pradesh on 16 November, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 16th OF NOVEMBER, 2022
MISCELLANEOUS CRIMINAL CASE No. 53739 of 2022
BETWEEN:-
PARWAT SINGH LODHI S/O SHRI PARMANAND
LODHI, AGE - 28 YEARS, R/O GRAM PANIHARI,
POLICE STATION PICHHORE DISTT. - SHIVPURI
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI SUNIL KUMAR DUBEY-ADVOCATE)
AND
THE STATE OF M.P. THROUGH POLICE STATION
PICCHORE, DISTT.-SHIVPURI (MADHYA
PRADESH)
.....RESPONDENT
(BY MS. KALPANA PARMAR-PANEL LAWYER)
This application coming on for hearing this day, the court passed the
following:
ORDER
Case diary is available.
This first application under Section 439 of CrPC has been filed for grant of bail.
The applicant has been arrested on 29.01.2022 in connection with Crime No.461/2019 registered at Police Station Pichhore District Shivpuri for offence under Sections 452, 324, 323, 326, 294, 506, 34, 302 of IPC.
According to the prosecution case, the applicant and other co-accused persons forcibly entered inside the house of the deceased and caused multiple injuries. The applicant was alleged to be armed with a lathi. The specific overt 2 act has been alleged against the applicant. In the light of the judgment passed by the Supreme Court in the case of Anil Kumar Yadav vs. State (NCT of Delhi) and Another, reported in, (2018) 12 SCC 129, the period of detention of one year in a case of murder cannot be said to be excessive. The bail application of co-accused persons have already been dismissed.
Accordingly, no case is made out for grant of bail. The application fails and is hereby dismissed.
(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.11.17 10:02:53 +05'30'