Madhya Pradesh High Court
Jagadish vs The State Of Madhya Pradesh on 8 November, 2016
MCRC-11022-2016
(JAGADISH Vs THE STATE OF MADHYA PRADESH)
08-11-2016
Shri Shailendra Singh, counsel for the applicants. Shri JM Sahni, Panel Lawyer for the State.
Shri HK Shukla, counsel for the objector.
Since all these applications are relating to same crime, therefore, decided by the present common order.
Applicants Shriniwas Gurjar and Jagdish are in custody since 30/08/2016 whereas applicant- Kok Singh @ Kalla is in custody since 14/06/2016, relating to Crime No.276/2016, registered at Police Station Joura, District Morena for the offences punishable under Sections 307, 341, 294, 147, 148, 149 of IPC and Section 25/27 of the Arms Act.
Learned counsel for the applicants submits that the applicants are reputed citizens of the locality, who have no criminal past alleged against them. Except of offences punishable under Section 307 of IPC and Section 25/27 of the Arms Act, remaining offences are bailable. It is alleged against the co-accused Ashok that he fired with a gun. The applicants were not aware that he would do in such a manner. It is alleged against applicant- Kok Singh @ Kalla that he assaulted the victim Rajpal with a stick, however, no such injury of stick was found to the victim Rajpal. Similarly, it is alleged against accused- Jagdish in the FIR that he held the victim- Rajpal but in dying declaration given by the victim Rajpal he did not mention the overt act of Jagdish anywhere. Similarly, name of Shriniwas Gurjar was not specifically mentioned in the FIR with his overt act to show his common intention with co-accused Ashok whereas in Dehati Nalishi, it was mentioned that the applicants held the victim Rajpal. It appears that after getting gunshot injuries the victim implicated so many persons due to enmity because he was made an accused in a case initiated by Kok Singh. In absence of any common intention of the applicants, prima facie, no offence under Section 307 of IPC is made out against them either directly or with the help of Section 34 or Section 149 of IPC. There is no allegation that any of the applicants had held any prohibitory arms and, therefore, prima facie, no offence under Section 25/27 of the Arms Act is made out against the applicants. The applicants are in custody without any substantial reasons. Under these circumstances, they pray for bail. Learned Panel Lawyer opposes the applications. Learned counsel for the complainant also opposed the applications. Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case, without expressing any view on the merits of the case, I am of the view that applications under Section 439 of Cr.P.C. filed by the applicants may be accepted. Consequently, they are hereby allowed.
It is directed that the applicants, namely, Jagdish, Kok Singh @ Kalla and Shriniwas Gurjar be released on bail on their furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) each with a surety bond of the same amount each to the satisfaction of committal Court Joura to appear before the committal Court and the Trial Court on the dates given by the concerned Court.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(N.K. GUPTA) JUDGE MKB