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Madhya Pradesh High Court

Parimal @ Parmal Jatav vs The State Of Madhya Pradesh on 3 September, 2015

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                                             M.Cr.C. No.8360/2015

         (Parimal alias Parmar Jatav v. State of MP)
03.09.2015
       Shri Anoop Pateria, Advocate for applicant.
       Shri Mohd. Irshad, Panel Lawyer for Respondent/State.

Case Diary is perused.

Learned counsel for the rival parties are heard. The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested on 26.03.15 by Police Station Sabalgarh, District Morena in connection with Crime No.319/2014 registered in relation to the offences punishable u/Ss. 307 of IPC and S. 25 of the Arms Act.

Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

The allegation of attempt to murder has been made against the applicant. The allegation against the applicant is that when the applicant was restrained by the complainant, brother of the applicant, for not spitting on the cooking fire, the applicant got enraged and fired with his firearm at his brother, who was seriously injured. The injured was discharged from the hospital after a brief spell of hospitalization. The act of the applicant appears to be impulse more than intent since the victim was brother of the applicant.

Considering the above facts and that early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and that there are no criminal antecedents of the applicant and the material placed on record does not disclose possibility of the applicant fleeing from justice, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two solvent sureties, each in the like amount, to the satisfaction of the concerned trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.

(Sheel Nagu) Judge Mehfooz/-