Madhya Pradesh High Court
Gangaram vs State Of Madhya Pradesh on 27 June, 2020
Author: Vivek Rusia
Bench: Vivek Rusia
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 17146/2020
Gangaram & others. V/s. State of M.P.
-: 1 :-
Indore, dated : 27.06.2020
Applicants by Shri Akhil Godha, Advocate.
Respondent/State by Shri Sudhanshu Vyas, Panel
Advocate.
ORDER
This is first application under Section 439 of Cr.P.C. by the applicants - Gangaram S/o. Prema Ji; Jagdish S/o. Shankarlal; and Sanstosh S/o. Vikram, who are under arrest since 13.5.2020 in Crime No.108/2020, registered at Police Station Maksi, Ujjain for the offence punishable under Section 307, 353, 147, 148, 332, 186 and 188 of the I.P.C.
2. Heard the learned counsel for the parties through Video Conferencing and perused the case diary.
3. As per the prosecution story, on 13.5.2020, during lockdown, Assistant Sub Inspector Rameshwar Patel was on duty. The present applicants and others assulted him by stones, sticks, etc. He lodged the FIR which has been registered under the aforesaid offences against the applicants and others.
4. At the very outset, learned counsel for the applicants does not press this M.Cr.C. On behalf of applicants - Gangaram S/o. Prema Ji and Santosh S/o. Vikram. Therefore, this M.Cr.C. stands dismissed as withdrawn so far as it relates to applicants - Gangaram and Santosh.
5. Learned counsel for the applicant - Jagdish submits that he has not been named in the FIR and his name is also not in the challan. He has been arrested only on the basis of statement made u/s. 161 of Cr.P.C. As his name is not in the FIR nor in the challan, THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 17146/2020 Gangaram & others. V/s. State of M.P. -: 2 :- he cannot be made accused in this case. He, therefore, prays for grant of bail to the applicant.
6. Learned Panel Advocate admits the aforesaid fact that the name of applicant - Jagdish is not there in the FIR as well as in the challan.
7. I have perused the case-diary. The name of the applicant
- Jagdish S/o. Shankarlal is not there in the FIR nor in the challan. I am, therefore, of the opinion that this is a fit case for grant of bail to the applicant.
8. Accordingly, the application is hereby allowed. It is directed that on furnishing a personal bond by the applicant in the sum of Rs.50,000/- (Rupees Fifty Thousand only), with one solvent surety in the like amount to the satisfaction of concerned trial Court, he shall be released on bail, subject to the condition that he shall make himself available to the Police, as and when required during the investigation and will also remain present before the trial Court as and when directed in that behalf. Before releasing the applicant from the custody the jail authorities are directed to medically examine him to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.C. as per rules.
( VIVEK RUSIA ) JUDGE Alok/- Digitally signed by Alok Gargav Date: 2020.06.27 18:19:50 +05'30'