Madhya Pradesh High Court
Mohan Singh vs The State Of Madhya Pradesh on 3 April, 2017
MCRC-291-2017
(MOHAN SINGH Vs THE STATE OF MADHYA PRADESH)
03-04-2017
Shri Somesh Shukla, learned counsel for the applicants.
Shri Vivek Lakhera, learned Panel Lawyer for respondent/ State.
This is the repeat application under Section 439 of the Cr.P.C. for grant of bail to the applicants in connection with Crime No. 290/2015 registered at Police Station Jaitpur, District Shahdol (M.P.), for the offences punishable under Sections 302, 201, 147 and 148 of the IPC.
The applicants are in jail since 02.11.2015. Witnesses have been examined. It is alleged that a program of dancing girl was going one. The deceased had climbed upon the stage and some persons tried to take the deceased from the stage and in doing so, they beat the deceased, due to which he died. The prosecution has examined witnesses Hemraj and Chandrabhan in this regard, who have turned hostile. It is contended by the learned counsel for the applicants that they have been falsely implicated in the case.
Looking to the period of detention of the applicants and the changed circumstances, the application is allowed.
It is directed that on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) by each of the applicants alongwith one solvent surety in the like amount to the satisfaction of trial Court, the applicants namely Mohan Singh, Devraj Singh, Punne Singh and Pannelal shall be released on bail with a direction to appear in the trial Court on the date of the trial.
The applicant shall abide by the following conditions of 437(3) of Cr.P.C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and c. that such persons shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police office or tamper with the evidence.â Certified copy on payment of usual charges.
(S.K. GANGELE) JUDGE Vikram