Madhya Pradesh High Court
Ashok Singh vs The State Of Madhya Pradesh on 22 April, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.20166/2022
Ashok Singh vs. State of M.P.
Gwalior, Dated : 22/04/2022
Shri Rishikesh Bohare, Counsel for the applicant.
Shri Rajeev Upadhyay, Counsel for the respondent/State.
Case diary is available.
This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed as withdrawn by order dated 7.4.2022 passed in M.Cr.C.No.17212/2022.
The applicant has been arrested on 14.2.2022 in connection with Crime No.37/2022 registered at Police Station Myana, District Guna for offence under Sections 323, 324, 353, 326, 333, 332, 34 of IPC.
According to the prosecution case, when the police party went to the house of the applicant to arrest his son Keshav who was wanted in a criminal case, then it is alleged that not only Keshav assaulted the police party but the applicant who is also a hardcore criminal assaulted the police party. As per the medical documents attached in the case diary, the injured Pawan Sharma is alleged to have suffered fractures.
It is submitted by the counsel for the applicant that the wife of the applicant had filed an application to the Superintendent of Police, Guna, but no action has been taken on the said complaint.
It is not out of place to mention here that earlier the applicant had filed M.Cr.C.No.17212/2022 and had also placed the same document on record along with an affidavit of a courier which was to the effect that he had handed over the said document to Shri Rishikesh 2 THE HIGH COURT OF MADHYA PRADESH MCRC No.20166/2022 Ashok Singh vs. State of M.P. Bohare and since no affidavit was filed in respect of the contents of the said document, therefore, when the sanctity of the affidavit filed along with the application was asked from Shri Bohare then he had reacted in a disgraceful manner. Even then he was permitted to withdraw the application. Along with the present application, an affidavit of wife of the applicant has been filed in support of the document, therefore, Shri Bohare was permitted to read out the contents.
It is submitted by the counsel for the applicant that wife of the applicant has made a specific allegation against the raiding party that they entered inside the house at 3:30-4:00 in the morning and not only her modesty was outraged by touching her breast but the belongings like motorcycles, TV, Glass top of dressing table were broken. When villagers came on the spot after hearing their hue and cry, then the accused persons who had ransacked her house tried to run away and because of pelting stones by the villagers, Pawan Sharma had sustained injuries. It was further alleged in the complaint that almost all the belongings of the complainant Smt. Bhuriyabai were broken.
However nothing has been placed on record to substantiate that contention. Even the photographs of the broken articles have not been placed on record.
Per contra, the application is vehemently opposed by the counsel for the respondent/State. It is submitted that Keshav as well as the applicant who was son and father are hardcore criminals and have 3 THE HIGH COURT OF MADHYA PRADESH MCRC No.20166/2022 Ashok Singh vs. State of M.P. a criminal history.
In reply, it is next contended by the counsel for the applicant that in paragraph 5 of the complaint made by his wife, it is mentioned that the police party had raided the house at 3:30-4:00 in the morning which can be verified from the tower location as well as CDR of their mobile phones. Accordingly, it is submitted that the prosecution should be directed to produce the same.
The contention made by the counsel for the applicant cannot be accepted. The Supreme Court in the case of Manohar Lal Sharma vs. Principal Secretary reported in AIR 2014 SC 666 has held that the Court cannot supervise the investigation. If the applicant is of the view that there are certain material which may be helpful for him to prove his defence, then he can always obtain the same or he can always move an application under Section 91 of Cr.P.C. at the defence stage but this Court cannot direct the investigating agency to investigate the matter in a particular manner because it would amount to supervision.
It is next contended by the counsel for the applicant that the applicant is in jail from 14.2.2022.
Considering the criminal antecedents of the applicant according to which eight more criminal cases i.e. Crime Nos.11/93 U/s 25/30 of the Arms Act, 189/1995 U/s 447 of IPC, 50/1999 U/s 451, 294, 323 of IPC, 62/1999 U/s 352, 451, 294, 34 of IPC, 142/1999 U/s 323, 325, 506, 34 of IPC, 237/2012 U/s 427, 294, 506, 34 of IPC, 18/2016 U/s 4 THE HIGH COURT OF MADHYA PRADESH MCRC No.20166/2022 Ashok Singh vs. State of M.P. 323, 294, 506, 34 of IPC, 56/2020 U/s 436, 427, 34 of IPC of IPC have been registered against him and he had attacked the police party only when they had come to arrest his son Keshav who has a criminal history of nine criminal cases i.e. Crime Nos.306/2012 U/s 294, 506, 34, 427 of IPC, 237/2012 U/s 294, 506, 34, 427 of IPC, 79/2015 U/s 451, 336, 294, 427, 506 of IPC, 18/2016 U/s 323, 294, 506, 34 of IPC, 116/2018 U/s 294, 324, 506 of IPC, 121/2018 U/s 25/27 of the Arms Act, 56/2020 U/s 436, 427, 34 of IPC, 36/2022 U/s 427, 294, 506 of IPC and 9/2018 U/s 110 of Cr.P.C. as well as caused fracture of facial bones of Pawan Sharma, this Court is of the considered opinion that no case is made out for grant of bail.
The application fails and is hereby dismissed.
(G.S. Ahluwalia) Judge (alok) ALOK KUMAR 2022.04.23 15:32:47 +05'30'