Madhya Pradesh High Court
Brajraj Singh vs The State Of Madhya Pradesh on 2 September, 2015
1 M.Cr.C.No.9203/2015
(Brajraj Singh and another Vs. State of M.P.)
02.09.2015
Shri Atul Kamthan, Advocate, for the applicants.
Shri Kuldeep Singh, Panel Lawyer, for the
respondent/State.
Heard.
The applicants Brajraj Singh and Sanni @ Vijay Kumar are apprehending their arrest in connection with Crime No.80/15 registered at Police Station Sihonia, District Morena (M.P.) for the offences punishable under Sections 294, 435, 436/34 of IPC.
As per prosecution story, the applicants had enmity with the complainant Lakshmisingh. In the night of 07.03.2015, the applicants set fire to the Madaiya (a set of quarters made by bamboo and fodder) and caused damage to his clothes, blankets, quilt etc and caused loss of Rs.6000/-
On behalf of the applicants it is submitted that applicants were on bail. During the investigation, later, Section 436 IPC has been enhanced. Hence, the applicants have come up with this application. Application for anticipatory bail was rejected by Additional Sessions Judge, Ambah, on 15.07.2015.
On behalf of the State, learned Panel Lawyer opposed the application.
Considering the fact that the applicants were earlier 2 M.Cr.C.No.9203/2015 granted regular bail. However, during the investigation crime under Section 436 IPC has been enhanced. It is not the case that the applicants have misused the provision of bail.
Looking to the circumstances, the application under Section 438 of Cr.P.C. for anticipatory bail is allowed. It is directed that applicants make themselves present before the Arresting Officer within 10 days from today and in the event of their arrest, the applicants shall be released on bail on their furnishing a personal bond in a sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety each in the like amount to the satisfaction of Arresting Officer.
The applicants are directed to join the investigation immediately and to fully co-operate with the investigation. They shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
In view of the ratio laid down by Hon'ble Apex Court in Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Others JT 2010 (13) SC 247, this order shall remain in force till the end of the trial. However, the applicants have to furnish a fresh bail bond and surety before the trial Court after the filing of challan.
Certified copy as per rules.
(S.K. Palo)
mani Judge