Madhya Pradesh High Court
Balvir @ Bunty vs The State Of Madhya Pradesh on 21 July, 2017
MCRC-7575-2017
(BALVIR @ BUNTY Vs THE STATE OF MADHYA PRADESH)
21-07-2017
Shri Yashpal Rathore, learned counsel for the applicant.
Shri C.S. Ujjainia, learned counsel for the
respondent/State.
Case-diary is available. Arguments heard. This is third application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. His first application was dismissed as withdrawn without arguing the matter on merit and his second application was dismissed after arguing the matter for some time with liberty to renew his prayer after framing of charges.
The present applicant was arrested by Police Station- Dhamnod, District â Dhar in Crime No.32/2017 under Section 304/34 of IPC & Section 135 of M.P. Electricity Act.
This third application is filed on the ground that the trial Court has framed charges under Section 304-A of IPC, which is a bailable offence and Section 135 of M.P. Electricity Act, which is a non bailable offence. Learned counsel for the applicant submits that after framing of charges, bail may be granted to the present applicant.
According to the prosecution story, the present applicant was using electricity on his filed directly connecting the wire to the main-line. The wire was not properly insulated at various places and due to that the deceased came in contact with naked wire and due to electrocution, he died.
The co-accused Sitaram was granted bail by this Court on the basis of his age.
Learned counsel for the State opposes the application on the ground that at the time of incident, the present applicant was committing illegal act by committing theft of electricity and using uninsulated wire. They were rash and negligent and also doing illegal act, and therefore, the case does not fall under the provisions of Section 304-A IPC. However, he fairly admits that no revision was filed by the prosecution in this matter.
Learned counsel for the applicant, in response, submits that the applicant was using electricity for which he is liable under the provisions of Electricity Act 2003. The only negligence on his part that the wire was not properly insulated.
Taking into consideration all the facts and circumstances of the case and without commenting on merits of the case, I am of the view that it is a fit case for grant of bail. The application filed under Section 439 of the Cr.P.C. is allowed.
It is directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000-/ (Rs. Fifty Thousand Only) and one solvent surety of the like amount to the satisfaction of the concerned Magistrate for his appearance on all the dates of hearing as may be directed in this regard during trial. He is further directed that on being so released on bail, he would comply with the conditions enumerated under section 437(3) Cr.P.C. meticulously. Certified copy as per rules.
(ALOK VERMA) JUDGE