Madhya Pradesh High Court
Ravi vs The State Of Madhya Pradesh on 23 April, 2019
1
The High Court Of Madhya Pradesh
MCRC-14511-2019
(RAVI Vs THE STATE OF MADHYA PRADESH)
&
MCRC-12989-2019
(KISHORE Vs THE STATE OF MADHYA PRADESH)
Indore; Dated: 23.04.2019
Shri A.M. Mathur, Sr. Advocate with Shri Vivek Singh &
Shri Vaibhav Asawa, learned counsel for the applicants.
Ms Sadhna Pathak, learned Public Prosecutor for the
respondent/State.
Shri Ashish Vyas, learned counsel for the complainant. This is the third repeat bail application under section 439 Cr.P.C., on behalf of the applicants. Earlier two bail applications of applicants - Ravi & Kishore were dismissed as withdrawn on 11.12.2018 and 29.01.2018 in M.C.rC. No. 46818/2018. The applicants are in jail since 08.10.2018 in connection with crime No. 254/2018 registered at Police Station Sendhwa District Barwani for the offence punishable under sections 302, 147, 149, 294, 323 and 506 of IPC.
As per prosecution story, on 04.10.2018 at around 10 p.m., main accused Chetan while passing through the house of the deceased Suresh had an altercation in the context of return of utensils of the Dharmarth. Chetan also hurled filthy abuses over the deceased and threatened him of dire consequences. After half and hour, Chetan, Rahul and Golu alongwith other co- accused persons including present applicants Ravi and Kishore came on the spot. Rahul and Golu caught hold of the deceased Suresh and thrown him on the floor. Chetan picked up a stone and hammered it on the head of the deceased resulting into homicidal death of the deceased. Accordingly, case has been registered.
Learned Senior counsel Shri Mathur contends that applicants are innocent and have been falsely implicated in this case. It is submitted that applicants case is different and distinguishable from the case of main accused persons. It is further submitted that ingredients of Section 149 Cr.P.C. vis either a common object or prior knowledge of commission of alleged offence are missing in the instant case, so far as the 2 The High Court Of Madhya Pradesh MCRC-14511-2019 (RAVI Vs THE STATE OF MADHYA PRADESH) & MCRC-12989-2019 (KISHORE Vs THE STATE OF MADHYA PRADESH) applicants are concerned. To bolster his submission, he relied upon judgment of Hon'ble Supreme Court in the case of State of Karnataka Vs. Chikkahottappa @ Varade Gowda & Ors [AIR 2008 SC 2692]. Further elaborating his submissions, Shri Mathur submits that mere presence of the applicants on the spot by itself cannot constitute an offence u/S 149 Cr.P.C. for want of the aforesaid factual inputs. It is further argued that there is no overt or specific act attributed to the applicants in the alleged offence of causing homicidal death of the deceased - Suresh. It is also submitted that applicants have suffered jail incarceration since 08.10.2018. Even otherwise, investigation is complete and challan has been filed. Therefore, no further custodial interrogation is required. Applicants have no criminal antecedents. Applicants are the sole bread earners in their family and, therefore, if they are continues to be under detention, the family shall be on the verge of starvation.
Under such circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Per contra, learned Public Prosecutor for the respondent/State and Shri Ashish Vyas, learned counsel for the complainant opposes the bail application and supported the order impugned with the contention that to constitute an offence u/S 149 Cr.P.C., presence of the applicants is sufficient, provided assembly is of more than 5 members. In any case, as prosecution witnesses are yet to be examined, it may not be desirable to enlarge the applicants on bail. On such grounds, prays for rejection of the bail application.
This Court on 12.04.2019 directed learned Public Prosecutor to ascertain criminal antecedents of the applicants. Ms. Pathak on instructions states that applicants do not have criminal antecedents.
Upon hearing learned counsel for the parties, though this Court refrains from commenting upon submissions touching the 3 The High Court Of Madhya Pradesh MCRC-14511-2019 (RAVI Vs THE STATE OF MADHYA PRADESH) & MCRC-12989-2019 (KISHORE Vs THE STATE OF MADHYA PRADESH) merits of the allegations and ingredients of Section 149 Cr.P.C., but looking to the fact that applicants have suffered jail incarceration since 08.10.2018, no more required for further investigation and have no criminal antecedents, therefore without commenting on merits of the case, the application deserves to be and is hereby allowed, Accordingly, it is directed that the applicants be enlarged on bail on furnishing personal bond in the sum of Rs.5,00,000/- (Rupees Five Lakhs only) with one solvent surety in the like amount in case of each of the applicant to the satisfaction of the learned Trial Court for their regular appearance in the trial Court during trial and also comply with the conditions enumerated under Section 437(3) of Cr.P.C with following stringent conditions:
(i) Applicants shall not leave Sendhwa Distt.
Badwani without prior permission of the Court below.
(ii) Applicants shall mark their presence at Sendwa Police Station on every 2nd and 4th Saturday between 10:00 a.m. to 12:00 noon.
(iii) Applicants shall not influence prosecution witnesses or temper with the evidence.
(iv) In the event, applicants are found to have violated any of directions or misuse the bail granted by this Court, the respondent/State shall be free to approach this Court for cancellation of bail.
A copy of the order be sent to the Court concerned for necessary compliance.
Certified copy as per rules.
(Rohit Arya)
sh/- Judge
Digitally signed
by SEHAR
HASEEN
Date: 2019.04.23
17:55:48 +05'30'