Madhya Pradesh High Court
Dashrath vs The State Of Madhya Pradesh on 24 October, 2018
:1:
THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
M.Cr.C.No.41860/2018
Indore, Dated: 24/10/2018
Shri B.S. Yadav, learned counsel for the applicant.
Shri R.K. Sharm, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is the first application under Section 439 of the Cr.P.C., for grant of bail in connection with Crime 254/2018, registered at Police Station- Petlawad, District- Jhabua for commission of the offence punishable under Section 341, 294, 323, 506, 427, 34, 325, 326 of I.P.C.
As per prosecution case, on 16/06/2018, when complainant-Ummed Singh alongwith Shyam Bodh Singh, Avadh Singh, Diler Singh and Vijay Singh were going from village Karvad to Sarangi Office on Bolero Jeep, which was being driven by Rajendra Mori. At about 11:30 a.m., when they reached near Village Mandan Puliya then co-accused Ishwar reached there on motorcycle and stopped their vehicle and asked them where are you going, when they informed him that they were going to office. Thereafter, his friends Dharmendra, Dilip and Dashrath also came there and they started abusing them and Ishwar assaulted the Rajendra by iron pipe, due to which he sustained injuries on his head. Co-accused-Dilip assaulted the complainant by stick, due to which he sustained injuries on his left hand, waist and thigh.
:2:Applicant No.1-Dashrath gave a stick blow to Avadhsingh, as a result he sustained injuries on his left hand and waist. Dilip assulted the Shyambodh by stick, due to which he sustained injuries on his left hand and right leg. Mangilal gave a stick blow to Vijaysingh causing injuries on his left thigh and chest. Thereafter, applicant No.2- Hatiram came there and he gave stick blows to Diler Singh, by which he sustained injuries on legs and waist. Thereafter, they run away from the spot after threatening to kill them.
At the very outset, learned counsel for the applicant submits that he does not want to press this application with respect to applicant No.1 Dasharath.
Prayer is allowed.
Accordingly, this petition is dismissed as not pressed with respect to applicant No.1 Dasharath.
Learned counsel for the applicant has submitted that initially the applicant No.2 Hatiram was not present on the spot and the only allegation against the applicant No.2 is that he gave a blow of stick on the waist and leg of the Diler Singh and as per MLC report of Diler Singh, he sustained two simple injury therefore at the most offence under Section 323 of I.P.C. is made out against the applicant No.2,who is in custody since 27.09.2018. Investigation is over and charge sheet has been filed. Conclusion of trial will take sufficient time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant No.2 Hatiram.
Learned Public Prosecutor for the State submits that :3: no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicant No.2, but without commenting on the merits of the case, the application filed by the applicant No.2 Hatiram is allowed. The applicant No.2 Hatiram is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety to the satisfaction of trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.
(S. K. Awasthi)) Judge praveen Digitally signed by PRAVEEN KUMAR NAYAK Date: 2018.10.25 11:08:12 +05'30'