Madhya Pradesh High Court
Pawan Kumar Ahirwar vs The State Of Madhya Pradesh on 16 August, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 16th OF AUGUST, 2022
MISC. CRIMINAL CASE No. 38094 of 2022
Between:-
1. PAWAN KUMAR AHIRWAR S/O CHETRAM
AHIRWAR, AGED ABOUT 35 YEARS,
OCCUPATION: AGRICULTURE R/O VILLAGE
BHANPUR, P.S. SAMNAPUR, TEH. AND DISTRICT
DINDORI, M.P. (MADHYA PRADESH)
2. SURESH S/O LAMU CHOUDHARI, AGED ABOUT
31 YEARS, OCCUPATION: AGRICULTURIST R/O
VILLAGE BHANPUR, POLICE STATION
SAMNAPUR, TEHSIL AND DISTRICT DINDORI
(MADHYA PRADESH)
3. UMESH S/O GUDDARAM CHOUDHARI, AGED
ABOUT 28 YEARS, OCCUPATION: AGRICULTURE
R/O VILLAGE BHANPUR, POLICE STATION
SAMNAPUR, TEHSIL AND DISTRICT DINDORI
(MADHYA PRADESH)
4. GAJADHAR AHIRWAR S/O CHETRAM
AHIRWAR, AGED ABOUT 55 YEARS,
OCCUPATION: AGRICULTURE R/O VILLAGE
NIGHOURI BHANPUR, POLICE STATION
SAMNAPUR, TEHSIL AND DISTRICT DINDORI
(MADHYA PRADESH)
5. SUNIL KUMAR AHIRWAR S/O GAJADHAR
AHIRWAR, AGED ABOUT 28 YEARS,
OCCUPATION: AGRICULTURE R/O VILLAGE
NIGHOURI BHANPUR, POLICE STATION
SAMNAPUR, TEHSIL AND DISTRICT DINDORI
(MADHYA PRADESH)
6. BHAGAT KUMAR AHIRWAR S/O CHETRAM
AHIRWAR, AGED ABOUT 40 YEARS,
OCCUPATION: AGRICULTURE R/O VILLAGE
NIGHOURI BHANPUR, POLICE STATION
SAMNAPUR, TEHSIL AND DISTRICT DINDORI
(MADHYA PRADESH)
7. BRIJESH KUMAR AHIRWAR S/O SHIVKUMAR
AHIRWAR, AGED ABOUT 23 YEARS,
Signature Not Verified
Signed by: ARVIND KUMAR
DUBEY
Signing time: 8/16/2022
5:31:41 PM
2
OCCUPATION: AGRICULTURE R/O VILLAGE
NIGHOURI BHANPUR, POLICE STATION
SAMNAPUR, TEHSIL AND DISTRICT DINDORI
(MADHYA PRADESH)
8. RAJESH KUMAR AHIRWAR S/O GOPI AHIRWAR,
AGED ABOUT 25 YEARS, OCCUPATION:
AGRICULTURE R/O VILLAGE NIGHOURI
BHANPUR, POLICE STATION SAMNAPUR,
TEHSIL AND DISTRICT DINDORI (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI PARITOSH TRIVEDI, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
P.S. SAMNAPUR DISTRICT DINDORI M.P.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA, GOVT. ADVOCATE AND SHRI
ALOK GUPTA, ADVOCATE FOR THE OBJECTOR )
This application coming on for hearing this day, the court passed the
following:
ORDER
This is first bail application filed under Section 439 of Cr.P.C. on behalf of applicants, who are in jail since 20.07.2022 and 25.7.2022 respectively in connection with Crime No.356/2022, registered at Police Station Samnapur District Dindori for the offence punishable under Sections 294, 323, 427, 506, 458, 325 read with Section 34 of the Indian Penal Code.
Learned counsel appearing for the applicants submitted that applicants were also assaulted by complainant party and they had received injuries. Considering the nature of offence, applicants may be enlarged on bail.
Learned counsel appearing for the State as well as counsel for the objector have opposed the application for grant of bail. It is submitted by Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 8/16/2022 5:31:41 PM 3 them that applicants are habitual offenders and they will also not permit the school of complainant to be run freely. In these circumstances, bail application may be dismissed.
Heard the counsel for the parties.
Considering the facts and circumstances of the case, bail application filed by the applicants is allowed on the condition that applicants will not interfere in any way in functioning the school belonging to the complainant.
It is directed that the applicants shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties in the like amount each to the satisfaction of the trial court.
In addition to aforesaid condition, the applicants shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.
C.C as per rules.
(VISHAL DHAGAT) JUDGE DUBEY/-
Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 8/16/2022 5:31:41 PM