Madhya Pradesh High Court
Badri Prasad Gurjar vs The State Of Madhya Pradesh on 7 August, 2019
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.26441/2019
(Badri Prasad Gurjar Vs. State of M.P.)
1
Jabalpur, Dated : 07.08.2019
Shri Imtiaz Hussain, counsel for the applicant.
Shri Rakesh Singh, P.L. for the respondent / State.
Heard with the aid of case diary.
This is first application filed under section 439 Cr.P.C. Applicant Badri Prasad Gurjar was arrested on 28.01.2019 in Crime No. 16/2019 registered at Police Station Nazirabad, Tahsil Bairasia, District Bhopal for the offence punishable under Sections 147, 148, 149, 232, 294, 323, 302, 307 of IPC.
As per the prosecution case, on 20.01.2019 at 3:00 pm when complainant Hakam Singh and his brother Sarjan Singh were checking the pipe of an electric motor which was planted by them in Parwati river for irrigating their field, applicant Badri Prasad Gurjar and co-accused Sonath Gurjar, Bhagwat Gurjar, Laxman Gurjar, Chander Gurjar, Gheesalal Yadav, Mahendra Gurja, Bhagwan Singh Gurjar, Bablu Gurjar, Vishnu Gujrjar and Kanha Gurjar armed with spear (Farsi), co-accused Raja Gurjar armed with country made pistol and Inder Singh Gurjar and Lakhan Singh Gurjar armed with sticks came there by two cars and 4-5 bikes and assaulted Sarjan Singh by spear and sticks. On hearing shouting of complainant Hakam Singh, Motilal, Govind, Munnalal, Gajraj and Jagdish also came there. When they rescued Sarjan Singh, co-accused Mahendra Singh and Bhagwan Singh assaulted Motilal by spear due to which he sustained injury in his head and both legs and other body parts. Co-accused Sonath and Bhagwat assaulted Govind by spear due to which he sustained injury in his head and left hand whereas co- accused Gheesalal, Bablu and Vishnu assaulted Munnalal by spear due to which he sustained injury in his head, left hand and left leg. Co-accused Kanha and Chander assaulted Gajraj by spear due to which he sustained injury in his head, left leg , left hand. Lakhan Singh assaulted the complainant Hakam Singh due to which he sustained injury on his left hand's wrist and on the thumb of right hand. Co-accused Inder and Raja assaulted Jagdish by stick due to THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.26441/2019 (Badri Prasad Gurjar Vs. State of M.P.) 2 which he sustained injury in his left hand. In the incident, Sarjan Singh sustained injuries in his head and other body parts and due to head injury he died.
Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. It is further submitted that on the report of Sonath Gurjar police also registered Crime No. 17/2019 for the offence punishable under Sections 294, 323, 147, 427, 148, 149 and 506 of IPC against Bhagwat Gurjar, Jagdish Gurjar, Hakim Singh, Motilal Gurjar, Munnalal, Sarjan Singh and other co-accused person. In the incident Sonath Gujar, Bhagwat Singh, Laxman Singh, Inder Singh, Rahul and Nitesh also sustained injuries. Even otherwise, it appears from the record that there was free fight between applicant and co- accused. So every person is liable by his own act. It is further submitted that according to postmortem report deceased died due to head injury while in the FIR there is no specific averment that who inflicted injury on the head of deceased Sarjan Singh. Charge sheet has been filed. The applicant is in custody since 28.01.2019 and the conclusion of trial is likely to take long time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that applicant and co-accused were aggressor. They came on the spot armed with spear and stick and assaulted complainant Hakam Singh, deceased Sarjan Singh and other injured persons namely Motilal, Govind, Munna Lal, Gajraj and Jagdish. So, applicant should not be released on bail.
In the FIR specifically it is not mentioned that how many persons assaulted deceased Sarjan Singh. In the FIR it is mentioned that all the fourteen accused persons named in the FIR assaulted Sarjan Singh out of which eleven accused were armed with spear and assaulted Sarjan Singh while from the postmortem report of deceased Sarjan Singh it reveals that he sustained only one incised THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.26441/2019 (Badri Prasad Gurjar Vs. State of M.P.) 3 wound. It is also alleged that co-accused Mahendra Singh and Bhagwan Singh assaulted Motilal by spear, Sonath and Bhagwat assaulted Govind by spear, co-accused Gheesalal, Bablu and Vishnu assaulted Munna Lal by spear, co-accused Kanha and Chander assaulted Gajraj Singh by spear while in the medical examination report of these injured persons it is not mentioned that they sustained any injury caused by sharp object. In the incident Sonath Gujar, Bhagwat Singh, Laxman Singh, Inder Singh, Rahul and Nitesh also sustained injuries. There is no explanation in this regard in the FIR that how they sustained injuries. Applicant is in custody since 28.01.2019, charge sheet has been filed and conclusion of trial will take time. So, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
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 trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him 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.
C.C. on payment of usual charges.
(Rajeev Kumar Dubey)
sarathe Judge
Digitally signed
by NAVEEN
KUMAR
SARATHE
Date:
2019.08.09
10:10:04 +05'30'