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2009 DIGILAW 1260 (MP)

Suraj @ Teny v. State of M. P.

2009-11-12

INDRANI DATTA

body2009
Judgment Indrani Datta, J. ( 1. ) Heard. Perused the case diary. The applicant has filed this Sixth bail application under Section 439 of Cr.P.C. for grant of bail. His first bail application was dismissed on merit in M.Cr. C. No. 2287 of 2007 and second application M. Cr.C.No.4521 of 2007, third application M. Cr.C. No. 1819 of 2009, fourth application M. Cr.C. No. 734 or 2009 and fifth application M.Cr.C. No. 2424 of 2009 were also dismissed as withdrawn. ( 2. ) The applicant has been arrested by PS Dharnavada, district Guna in Crime No. 240 of 2004 registered for the offence punishable under Sections 302, 307, 147, 148 and 149 of IPC and 25, 27 of the Arms Act. ( 3. ) As per prosecution case, applicant and co-accused armed with 315 bore rifle gun, lathi, farsa and ballam killed deceased Hemraj, Rajju, Sohan and Rewat. ( 4. ) It is contended on behalf of the applicant that allegation against present applicant is that he was armed with 315 bore rifle and he fired a gun shot at deceased Sohan and killed him. It is further contended that in post-mortem report, the cause of death of deceased Sohan is due to the injuries caused by sharp edged weapon not by fire arm. It is further submitted that further allegation against the applicant is that he fired gun shot at Sikandar, due to which he sustained injury on his shoulder but that injury is not found to be grievous in nature and he has not suffered injury by 315 bore rifle. It is further submitted that in almost all the cases pending against present applicant of which list has been filed by prosecution, applicant has been acquitted and out of remaining three cases, he has been released on bail. It is further submitted that co-accused Prakash has already been released on bail by a Bench of this Court in M. Cr. C. No. 3746 of 2007 vide order dated 2.8.2007. Applicant is in custody since 6.2.2007. Disposal of the case will take time. On these grounds, prayed for grant of bail. ( 5. ) Learned PP opposed the application and prayed for its rejection. ( 6. C. No. 3746 of 2007 vide order dated 2.8.2007. Applicant is in custody since 6.2.2007. Disposal of the case will take time. On these grounds, prayed for grant of bail. ( 5. ) Learned PP opposed the application and prayed for its rejection. ( 6. ) Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case, this application is allowed and it is directed that the applicant be released on bail on her furnishing personal bond in the sum of Rs. 50,000 (Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court on the condition that she shall remain present before the court concerned during trial. The applicant shall abide with the conditions enumerated under Section 437 (3) of Cr.P.C. A copy of this order be sent to the Court concerned for information CC as per rules. Application allowed.