Madhya Pradesh High Court
Shivraj Singh vs The State Of Madhya Pradesh on 6 August, 2014
M.Cr.C. No. 11744/2014 6/08/2014
Shri Ajay Mishra, Senior Counsel with Shri Gaurav Tiwari & Shri Parth Tiwari, Advocates for the applicants.
Shri Rajnish Choubey, PL for the State.
This is the first application filed by the applicants under Section 438 of the Criminal Procedure Code for grant of anticipatory bail.
The applicants apprehend their arrest in connection with Crime No. 113/2012 registered at Police Station Chhola Mandir, District Bhopal for the offence punishable under Section 302/34 of the IPC.
Learned Senior Counsel for the applicants has submitted that the names of the applicants do not find place in the FIR, however, during trial, an application was filed by the complainant under Section 319 of the Cr.P.C. after recording the majority of witnesses and the trial Court, on the basis of the statement of Nimma @ Nirmal (PW-4), issued warrant of arrest against the applicants. Learned Senior Counsel has further submitted that Nimma @ Nirmal (PW-4) has not stated the names of the applicants, he has specifically stated that the police personnel like Shivraj, Gajendra Singh, Arun Singh and Ajay Tiwari assaulted him and took him to the Police Station. The other witnesses also do not name the applicants, therefore, the trial Court has committed illegality in issuing the warrant of arrest against the applicants. The applicants are ready to co-operate in trial. The trial would take considerable time to conclude, therefore, the applicants be enlarged on anticipatory bail.
Learned counsel for the State has opposed the application. It appears to be a case of identification mistake but this point of identification cannot be considered in this application for anticipatory bail. If any mistake has been committed by the trial Court, same can be challenged before the revisional Court.
It is well established principle of law that where the warrant of arrest has been issued against the accused persons, the anticipatory bail should not be granted by the Courts as held by Full Bench of this Court in Nirbhay Singh and another Vs. State of M.P. - 1995 JLJ 21.
Since the warrant of arrest has already been issued against the applicants by the trial Court, considering the overall facts and circumstances of the case and in the light of the decision of this Court in Nirbhay Singh and another Vs. State of M.P. (supra), the applicants are directed to surrender before the arresting officer, who is authorized to execute the warrant of arrest, within 15 days from today and the concerned arresting officer shall produce the applicants before the concerned trial Court on the same day in connection with Crime No. 113/2012 (S.T. No. 305/2012) registered at Police Station-Chhola Mandir, District Bhopal for the offence punishable under Section 302/34 of the IPC and the concerned Court shall release the applicants on bail on their furnishing a personal bond in a sum of `30,000/- (Rupees Thirty Thousand only) each with one surety in the like amount to the satisfaction of the said Court, till the end of the trial.
This application is disposed of with the aforesaid direction. Certified copy today.
(G.S.Solanki)
navin Judge