Madhya Pradesh High Court
Iqbal Singh @ Kake Sardar vs The State Of Madhya Pradesh on 11 July, 2022
Author: Anjuli Palo
Bench: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANJULI PALO
ON THE 11th OF JULY, 2022
MISC. CRIMINAL CASE No. 28391 of 2022
Between:-
IQBAL SINGH @ KAKE SARDAR S/O SHRI
BALWANT SINGH SANGA , AGED ABOUT 55
YE A R S , OCCUPATION: AGRICULTURIST R/O
MAGANJ WARD NO. 3, DAMOH, P.S. KOTWALI,
DISTRICT DAMOH, M.P.
.....APPLICANT
(BY SHRI ANIL KHARE, SENIOR COUNSEL ASSISTED BY MS.
TANVI KHARE, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION DEHAT DAMOH DAMOH
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI VIVEK LAKHERA, PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This is second application filed by the applicant under Section 439 of Cr.P.C. seeking regular bail. First application M.Cr.C. No. 16549 of 2022 was dismissed as withdrawn vide order dated 11.4.2022.
The applicant is in custody since 21.10.2021 in connection with Crime No.258/2021 registered at Police Station Damoh Dehat, Damoh for offences punishable under Sections 294, 323, 506, 34, 324, 302 of IPC.
A s per the prosecution case, for the last three years deceased Kalyan Patel was taking the land of applicant on contract for cultivation. In the year 2 2021, the applicant gave that land to another person Roopchand Patel on contract. On 2/4/2021 at around 10.30 am deceased Kalyan went to the field of the applicant for getting his dues, when he demanded his dues, the applicant abused him, when he objected, the applicant assaulted him with a rod. On his shouting, co-accused Goldy Sardar, Roopchand Patel @ Ruppu Lal also came their armed with sticks and they also assaulted him and the brother of Goldy assaulted him with an axe. They also threw him in front of the harvester, due to which the harvester ran over his back and he sustained injuries. On that, police registered the aforesaid crime under the aforesaid offences against the applicant.
Learned counsel for the applicant submits that the applicant is innocent.
He has been falsely implicated in the case. Dehati Nalisi, on the basis of which the FIR was lodged and, alleged to have contained the thumb impression of complainant, is fabricated because the complainant was capable of making his signatures on the documents and never used a thumb impression to sign any document. It is further submitted that the statements of eye witnesses have been recorded before the trial Court. They have not supported the case of the prosecution and turned hostile. It is further submitted that co-accused Anil Kurmi, who allegedly ran the harvester over the deceased, has been released on bail by a coordinate Bench of this Court vide order dated6.1.2022 passed in M.Cr.C. No 51089 of 2021. It is further submitted that the applicant is in custody and trial would take considerable time to conclude, therefore, he may be released on bail.
Learned Panel Lawyer has opposed the application.
Considering aforesaid facts and circumstances of the case, statements of the eye witnesses and the fact that co-accused Anil Kurmi has already been released on bail, I find it to be a fit case to release the applicant on bail, 3 therefore, without commenting on the merit of the case, the application is allowed.
It is directed that applicant namely Iqbal Singh @ Kake Sardar shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.
It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
(SMT. ANJULI PALO) JUDGE PB Digitally signed by PRADYUMNA BARVE Date: 2022.07.12 12:17:54 +05'30'