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1992 DIGILAW 492 (MP)

Surendra Tiwari v. State of M. P.

1992-08-11

K.M.AGARWAL

body1992
JUDGMENT This is an application under section 438 Cr. P.c. for grant of anticipatory hail in respect of Crime No. 87/92 for offences under sections 147, 148 and 307 I.P.C. registered against the applicants in Police Station House, Baikunthpur, district Sarguja, M.P. According to the F.I.R. lodged by complainant Ashuk Kumar Mehra, Executive Engineer, Puhlic Health Engineering Department, Baikunthpur, 6 or 8 boys came to his residence at about 8.30 p.m. for the purpose of raising donation for organising some cricket tournament. He wanted to know how much donation they expected from him and who was the President of the organisation, which was organising the tournament. Hearing these querries, one of the boy came forward and attacked him with a hockey stick on his head with intent to kill him. The hockey stick was said to have broken into two pieces. He ran towards inside his house, whereupon he was stoned from behind. The name of one Surendra Tiwari, who is applicant No.1 before this Court, was mentioned in the FIR but he was not alleged to be the assailant. The names of other 3 applicants were disclosed by the complainant in his police diary statement recorded on 20/4/92. Here also, it was not disclosed as to who was the assailant. The learned Govt. Advocate opposed the bail application by submitting that the applicants were all absconding and unless and until they were arrested and interrogated, it was not possible to know the names of other accused persons, who are not named by the complainant either in his FIR or in his police diary statement, though there was a mention about presence of 6 to 8 persons at the time of incident. On being questioned, how the police authorities apprehended that without being arrested, the accused persons could not be interrogated for locating the identity of other persons involved in the offences aforesaid, no reasonable explanation could be offered. The learned Govt. Advocate also submitted that various other crimes were registered against the applicants Surendra Tiwari, Ajay Singh and Nairn. However, some of the criminal cases were pertaining to preventive measures u/s 107/116 Cr. P.c. while others were pertaining to bailable offences except that under section 506- B IPC which has been made non -bailable by State amendment. The learned Govt. Advocate also submitted that various other crimes were registered against the applicants Surendra Tiwari, Ajay Singh and Nairn. However, some of the criminal cases were pertaining to preventive measures u/s 107/116 Cr. P.c. while others were pertaining to bailable offences except that under section 506- B IPC which has been made non -bailable by State amendment. For this reason, pendency of other criminal cases or crimes against some of the applicants cannot be a ground for rejecting their application for anticipatory bail. The medical report and the X-ray report of the complainant would show that he had sustained simple injury on his head. The hockey stick was used all of a sudden by one of the persons who had gone to the complainant's house for the purpose of raising donation. Under these circumstances and looking to the nature of injury sustained by the complainant, I am of the view that they an entitled to anticipatory bail as prayed for by them. Accordingly, the application is allowed.