Madhya Pradesh High Court
Malthu Alias Suraj Raghuwanshi vs The State Of Madhya Pradesh on 19 March, 2018
THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.9860/2018 Jabalpur, Dated : 19.3.2018 Mr. Ayur Jain, learned counsel for the applicant. Mr.Akhilesh Singh, learned Government Advocate for the State.
This is first application under section 439 of the Code of Criminal Procedure, 1973 for grant of bail on behalf of applicant Malthu alias Suraj Raghuwanshi, in connection with Crime No.294/2013, registered at Police Station Udaypura, District Raisen, for an offence under section 302/34 of the I.P.C.
The applicant is in judicial custody since 26.10.2017. At the very outset, learned counsel for the State while opposing the application for bail has stated that the applicant had been absconding for last four years and thereafter he was arrested on 26.12.2017.
Learned counsel for the applicant has drawn the attention of this Court to the statement recorded before the Trial Court to P.W.1 to P.W.9. Amongst the witnesses including the husband of the deceased and every other eyewitness all of them have stated in favour of the accused persons and the husband of the deceased has stated that she poured kerosene over herself and set herself on fire. However, none of the witnesses but for P.W.7 have been declared hostile and cross examined. All the other witnesses have testified in favour of the applicant herein and have not been cross-examined. The doctor who examined her certified that the deceased was in a fit condition to give her statement and when she was brought to the hospital, the doctor asked her how she caught fire, the deceased in reply stated that she herself set her on fire. However, the learned counsel for the State says that the dying declaration is there in which the deceased has named the applicant herein.
Looking at the facts and circumstances of the case and all the material witnesses have stated in favour of the applicant but for P.W.7, I am inclined to allow the instant application and direct that the applicant be enlarged on bail upon his furnishing personal bond in the sum of Rs.50,000/-(Rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court.
Certified copy as per rules.
(Atul Sreedharan) Judge ss Digitally signed by SHYAMLEE SINGH SOLANKI Date: 2018.03.20 11:27:47 +05'30'