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Madhya Pradesh High Court

Mangilal Rai vs The State Of Madhya Pradesh on 17 January, 2020

Author: Mohammed Fahim Anwar

Bench: Mohammed Fahim Anwar

                                                       1                           MCRC-1874-2020
                         The High Court Of Madhya Pradesh
                                   MCRC-1874-2020
                                  (MANGILAL RAI Vs THE STATE OF MADHYA PRADESH)

           1
           Jabalpur, Dated : 17-01-2020
                  Shri Anurag Sahu, learned counsel for the applicant.
                  Shri J.A. Shah, learned Government Advocate for the respondent/State.

Heard.

Case diary perused.

This is first bail application under Section 439 of Cr.P.C in connection with Crime No.81/2012 registered at Police Station Bilkisganj, District Sehore (M.P.) for the offences under Sections 307 read with Section 34 of IPC.

The case of the prosecution in short is that on 22.07.2012 at about 06:00 PM in the village Uljhawan, some altercation had taken place on some agricultural land. It is alleged that at the time of said altercation, Mangilal was having 12 bore licensed gun in his hand and fired on the applicant by which he sustained several injuries by palate on his chest, shoulders and legs. On the basis of aforementioned, crime case No.81/12 was registered for the offence under Section 307 read with Section 34 of the IPC by the complainant.

Learned counsel for the applicant submits that the applicant is a 76 years old person, who is seriously sick because of different ailments and his treatment is going on in different hospitals. Prescriptions and record of his treatment is available on record. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned counsel for the respondent-State opposes the bail application.

On perusing the case diary, it appears that the offence was registered in the year of 2012 but looking to the medical report, injuries sustained by the complainant-Wasid Khan which is simple in nature and not dangerous to life, I am of the considered view that it is a fit case to release the applicant on bail. Therefore, without commenting on the merits of the case, application of the present applicant is hereby allowed.

2 MCRC-1874-2020 It is directed that the applicant be released on bail on his furnishing a bail bond in the s um o f Rs.30,000/- (Rupees Thirty Thousand) with one surety of the like amount to the satisfaction of trial Court to appear before the Court on the dates given by the concerned Court. It is further directed that applicant shall comply with the provisions of Section 437 (3) Cr.P.C.

C.C. as per rules.

(MOHD. FAHIM ANWAR) JUDGE Astha Digitally signed by ASTHA SEN Date: 22/01/2020 16:18:06