Madhya Pradesh High Court
Jagdish vs The State Of Madhya Pradesh on 4 May, 2016
MCRC-4125-2016
(JAGDISH Vs THE STATE OF MADHYA PRADESH)
04-05-2016
Mr. T.C. Jain, learned counsel for the applicants.
Ms. M. Ravindran, learned G.A for the respondent /
State.
This is the first bail application filed by the present applicants under Section 438 of the Cr.P.C. for grant of anticipatory bail.
The applicants apprehend their arrest in connection with Crime No. 96/2016 registered at Police Station- Sadalpur, Dist- Dhar for the offences punishable under Sections 323, 324, 326, 294, 506, 34 of IPC. Allegation against the applicants is that they have assaulted one Sanjay with stick and co-accused Rakesh has assaulted with sword and therefore, the present crime was registered against the present applicants. It has been argued by learned counsel for the applicants that the applicants are innocent persons and in fact, applicant no. 1 is suffering from paralysis and by no stretch of imagination, he can participate in any fight. The allegation against applicant no. 2 is that he has assaulted with a stick. It is therefore, prayed that the applicants be granted anticipatory bail. Learned Govt. Advocate has read out the statements available in the case diary and her contention is that it was Rakesh who was wielding sword and the present applicants have participated in the fight and therefore, the question of grant of anticipatory bail does not arise. This Court, after careful consideration of the statements available in the case diary as also keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case, without expressing any view on the merits of the case, is of the view that this is a fit case for grant of anticipatory bail to the applicants. Consequently, present application under Section 438 of the Cr.P.C. is hereby allowed. It is directed that in the event of arrest, the present applicants shall be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- each with a solvent surety each in the like amount to the satisfaction of the Arresting Police Officer.
The applicants shall make themselves available for interrogation by the police officer as and when required. they shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C. This order shall be valid for a period of thirty days from today. In the meanwhile, the applicants may apply for regular bail within the aforesaid period of thirty days, before the competent Court.
Certified copy as per rules.
(S.C.SHARMA) JUDGE