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2007 DIGILAW 643 (CHH)

SUDAMA PRASAD v. STATE OF C. G.

2007-11-30

L.C.BHADOO

body2007
ORDER As per Hon'ble Shri L.C. Bhadoo, J. :- M.Cr.C.No.2056/2007 filed by Sudama Prasad, Harishankar & Krishna Kumar Arya, M.Cr.C.No.1984/2007 filed by Gouri Shankar Manikpuri and M.Cr.C.No.1982/2007 filed by Babbar Khan, Awadesh Singh and Sibbanlal Gupta are disposed of by this common order as all these M.Cr.Cs. are arising out of Crime No. 111/2007 of Police Station Seepat, Distt. Bilaspur (C. G.) for commission of the offence punishable u/ss 147, 148, 149, 307, 353, 332, 435 & 427 of I.P.C., and Section 3 of Lok Sampatti Chhati Adhiniyam, 1984. The case of the prosecution is that on 17.4.2007 at about 11.30 a.m., one employee namely Vijay Chauhan of Omega Enterprises was working at Seepat N.T.P.C. Plant which was under construction. He fell down from Smoke Chimney No.1 and died on the spot, as a result of which, the workers became angry and the talks were going on between the Management and the labourers for compensation. During that period, all of a sudden, the accused applicants alongwith other accused persons attacked the C.I.S.F. personnel and other employees, as a result of which, Santosh Yadav sustained injuries on head and Ekramuddin, Shriram, Nasir Ahmed, Bahdur Junda, P.S. Ghosh, Pawan Kumar, Rajesh Kumar & S.C. Sharma sustained simple injuries of abrasions and swelling. Learned counsel for the accused applicants argued that the names of accused Sudama Prasad, Hari Shankar, Krishna Kumar, Babbar Khan, Awadesh Singh & Sibbanlal Gupta are not mentioned in the F.I.R. They further argued that even though the charge sheet has been filed against the accused persons for commission of offence u/s 307 among other sections, but the learned Addl. Sessions Judge has discharged the accused persons from that section and remitted the matter back to the Judicial Magistrate First Class, Bilaspur. They further argued that the accused persons are in detention since 18.4.2007 and it is not a case of animosity. Their submission is that one of the employees namely Vijay Chauhan fell down and died on the spot and when the matter was not being settled, the workers became furious and in a heat of passion, some scuffle took place in which no fatal injury was caused to any of the C.I.S.F. personnel or other employees, therefore, they be released on bail. On the other hand, learned State Counsel opposed the bail applications. On the other hand, learned State Counsel opposed the bail applications. Having heard learned counsel for the parties and further considering the arguments advanced by the applicants and the fact that the applicants are in custody since 18.4.2007 thereby they are in detention for about more than 7½ months, the trial is likely to take some time and the offence is triable by the Magistrate, I am of the opinion that it is a fit case to release the accused applicants on regular bail. Therefore, their applications filed u/s 439 Cr.P.C. are allowed. It is directed that the accused applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs. 10,000/- with one surety in the like sum to the satisfaction of the trial Court for their appearance before the said Court on each date of hearing till disposal of the trial. In the result, M.Cr.C.No.2056/2007, M.Cr.C.No.1984/2007 & M.Cr.C.1982/2007 stand disposed of. Certified copy as per rules. Bail Granted.