Madhya Pradesh High Court
Ranchodlal vs The State Of Madhya Pradesh on 24 May, 2021
Author: Vivek Rusia
Bench: Vivek Rusia
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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
(SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No. 8909/2021
(Ranchodlal V/s. The state of M.P.)
Date: 24.05.2021:
Shri Raghav Shrivastava, learned counsel for the Petitioner .
Shri Arjun Pathak, learned Panel Lawyer for the
respondent/State.
Heard, with the aid of Police Case Dairy through VC
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This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.331/2020 registered at police station Tonkkhurd, District Dewas for the offence punishable under section 307, 323, 294, 506/34 of I.P.C.
As per prosecution story on 24.12.2020, near about 04:30 in the evening, the complainant Dharmagaj Mandloi and his grand son Sumit were working on the agriculture field. Then Bhawani Shankar Mandloi owner of adjacent field came there with Faliya and started cutting the grass. When the complainant objected him, he abused and assaulted him. The present applicant has joined, and both have started assaulting the complainant. Sumit came to rescue his grandfather then applicant caught hold him and Bhawani with the intention to kill, gave a blow on the left side of the head. He started bleeding and thereafter they left the place. The complainant along with Sumit went to the Police Station and lodged FIR. Thereafter, they were referred to medical examination. As per the examination the medical officer found contusion of 16 cm X 3 cm scapular region and lateral aspect of right arm of Dharmagaj aged about 85 years and cut wound of 1.5 cm X 0.3 cm by bone deep on right frontal part of the head of Sumit Mandloi. Police sought the query report on 28.12.2020 from the medical officer and according to him the injury sustained to Sumit was serious and fatal and if the treatment was not given him in proper time, he would have died. The Sumit remained in the hospital from 24.12.2020 to 27.12.2020. The police arrested both the accused and recovered Faliya
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from the Bhawani Shankar Mandloi. The blood stain cloths were recovered and after completion of investigation, police filed the charge-sheet against Bhawani Shankar and applicant.
Learned counsel for the applicant submits that there was free fight between applicant and complainant party which resulted into registration of FIR at crime No.331/2020 and 332/2020. The applicant has filed final report of crime No.332/2020 as Annexure A/2 in which the FIR was registered against the Dharmagaj and Sumit for the offence 323, 324, 294. 506/34 of I.P.C. on a complaint made by present applicant. Darata was recovered from Sumit Mandloi and stick was recovered from Dharmagaj Mandloi. The applicant was suffered injury by hard and blunt object. Cut wound of 2 cm X 0.5/0.5, but the police has registered bailable offence. He further submits that the Sumit Mandloi remained in the hospital for three days the injury is simple in nature, therefore, at the most offence under Section 324 of I.P.C. said to have been made out that is voluntarily causes hurt by dangerous weapon and in which the maximum sentence upto three years with fine and offence is triable by Judicial Magistrate First Class. The applicant is not having criminal history. The dispute arose due to the sudden provocation while working in the agriculture field. Both the parties caused injury to each other.
Learned Panel Lawyer for the respondent/State opposes the bail application and prays for its rejection.
I have heard learned counsel for the parties and perused the case diary (Challan) alongwith cross case.
There was free fight between the parties at the time of working in the agriculture field. Applicant is senior citizen with no criminal record and cross FIR has also been registered.
Considering the facts and circumstances of the case but without commenting on the merit of the case, the application is allowed and he is directed to be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with surety in the like amount to the satisfaction of the Trial Court for his appearance
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before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
Before releasing the applicants from custody, the jail authorities are directed to medically examine in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.
( VIVEK RUSIA ) JUDGE praveen PRAVEEN NAYAK 2021.05.28 18:01:45 +05'30'