Madhya Pradesh High Court
Veeru @ Virendra vs The State Of Madhya Pradesh on 24 August, 2018
1
HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.15993/2018
(VEERU @ VIRENDRA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, dated: 24.08.2018
Shri Shashank Upadhyay, counsel for the petitioner.
Shri D. Mishra, Government Advocate for the
respondent/State.
Heard on this second application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner Veeru @ Virendra in crime no.868/2016 registered by P.S.Kareli, District-Narsinghpur under Sections 294, 323, 302, 307 and 120-B read with section 34 of the IPC.
As per the prosecution case, at about 8:30 p.m. on 30.10.2016, there was an altercation between first informant Chhotu @ Devendra on one hand and co-accused Chhotu Choudhary on the other with regard to bursting of crackers; whereon, co-accused Chhotu Choudhary filthily abused first informant Chhotu @ Devendra. Chhotu Choudhary also slapped Chhotu @ Devendra on nose and cheeks. At that time, deceased Manish @ Balli intervened in the matter; whereon, present petitioner Veeru @ Virendra indulged in a scuffle with him. He started beating deceased Manish with stick. Thereafter, co-accused Chhotu Choudhary ran inside his house and came back with a knife. He threatened to kill Manish and assaulted him with knife on right side of the chest. Deceased Manish @ Balli was taken to Kareli hospital. Later, Manish expired.
The first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner Veeru @ Virendra was dismissed as withdrawn by order dated 18.04.2017 passed by this Court in M.Cr.C.No.6216/2017.
Since his first application was dismissed as withdrawn, this second application is being considered on merits.
2HIGH COURT OF MADHYA PRADESH M.Cr.C.No.15993/2018 (VEERU @ VIRENDRA Vs THE STATE OF MADHYA PRADESH) Learned counsel for the petitioner Veeru @ Virendra submits that the role that has been ascribed to petitioner Veeru @ Virendra in prosecution case, particularly in the statements of witness Mukundi is that he beat the deceased with stick. The victim has not suffered any significant injury caused by a hard and blunt object. The only life threatening injury that has been sustained by the victim is on chest. It is clear from the statement of Mukundi that aforesaid injury was caused to him by co-accused Chhotu Choudhary by knife. It has also been submitted that petitioner Veeru @ Virendra has been in custody since 02.11.2016; therefore, it has been prayed that the petitioner be released on bail.
Learned Government Advocate for the respondent/State on the other hand has opposed the application.
However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by the learned counsel for the petitioner, in the opinion of this Court, petitioner now deserves to be released on bail.
Consequently, this second application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner Veeru @ Virendra is allowed.
It is directed that the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs. 80,000/- with a solvent surety in the same amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437(3) of the Code of Criminal Procedure.
Certified copy as per rules.
(C.V. Sirpurkar) Judge vai Digitally signed by VAISHALI AGRAWAL Date: 2018.08.24 22:58:27 -07'00'