Research › Search › Judgment

Madhya Pradesh High Court · body

2009 DIGILAW 612 (MP)

Madan S/O Phoolchand v. State Of M. P.

2009-05-07

R.C.MISHRA

body2009
ORDER : Shri Vivek Agrawal, Adv. for Madan and Kallu, the applicants in M.Cr.C. No. 9527/2008. Shri Ajay Gupta, Adv. for Narsingh, Ballu, Gappu @ Raj Kumar and Gorelal, the applicant in M.Cr.C. No. 2195/2009. Shri Ramesh Shukla, Dy. G. A., for the respondent-State. Arguments heard. 2. This common order shall govern the disposal of the abovementioned M.Cr.Cs. as they relate to the same case. 3. M.Cr.C. No. 2195/2009 is a repeat application for grant of bail. The earlier one was dismissed as withdrawn with liberty to file afresh in the light of subsequent events. 4. After being arrested in connection with Crime No. 493/2008 registered at Kotwali Sehore, initially in respect of the offence punishable under section 306 read with section 34 of the Indian Penal Code, the applicants are in judicial custody. However, at the trial, pending as S.T. No. 128/08 before First Additional Sessions Judge, Sehore, they have been charged with the offence under section 302 read with section 149 of the Indian Penal Code in the face of the allegation that they along with co-accused, as named in the last note left by Suresh (since deceased), were involved in causing his death by administering poisonous substance identified as aluminium phosphide. 5. Learned counsel for the applicants have submitted that they are entitled to bail in view of the following facts - (i) The case diary statements of material witnesses and the sworn testimony of Naresh Yadav (PW1), brother of the deceased, and Chokhelal (PW2) is suggestive of an inference that it was a case of suicide and not of murder. (ii) The police had not seized the document containing standard handwriting of Suresh for comparison with the writing available on the last note. (iii) No external injury on the body of the deceased corresponding to the allegation as contained in the note was noticed by the Autopsy Surgeon. (iv) The writing on the hand of the deceased said to have been photographed was so faint that the Handwriting Expert could not give any definite opinion as to its authorship. 6. According to the learned counsel, the applicants have been falsely implicated as a counter blast to the registration of the case registered as Crime No. 412/08 for the offences punishable under sections 147, 148, 452, 427 and 307 read with section 149 of the Indian Penal Code against members of the complainant party. 7. 6. According to the learned counsel, the applicants have been falsely implicated as a counter blast to the registration of the case registered as Crime No. 412/08 for the offences punishable under sections 147, 148, 452, 427 and 307 read with section 149 of the Indian Penal Code against members of the complainant party. 7. Taking into consideration the nature of allegations and other facts and circumstances of the case, but without expressing any opinion on its merits, I am of the view that the applicants deserve to be enlarged on bail. 8. It is, therefore, directed that each one of the applicants viz. Madan, Kallu, Narsingh, Ballu, Gappu @ Raj Kumar and Gorelal shall be released on furnishing a personal bond in the sum of Rs. 40,000/- (Rupees forty thousand) with a solvent surety in the like amount to the satisfaction of the trial Judge for his appearance during trial. 9. A copy of this order be retained in the connected M.Cr.C. C.C. as per rules.