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Madhya Pradesh High Court · body

2014 DIGILAW 789 (MP)

Gautam Singh v. State of M. P.

2014-07-09

B.D.RATHI

body2014
JUDGMENT B.D. Rathi, J. 1. Heard on I.A. No. 4615 of 2014 which is an application preferred under Section 301(2) of the Code of Criminal Procedure. 2. Looking to the averments made in the application, I.A. No. 4615 of 2014 is hereby allowed and Shri Vilas Tikhe, learned counsel, is permitted to assist the prosecution. 3. Now, heard on the main application. 4. Perused the case diary. 5. This is the first application under Section 439 of Cr. P.C. on behalf of the applicant. 6. Applicant has been arrested on 19.02.2014 in connection with Crime No. 36/2014 registered at Police Station Shadhora, District Ashok Nagar (M.P.) for the offence punishable under Sections 341, 294, 324, 326, 427, 147, 148, 149, 307 and 302 of IPC. 7. As per prosecution story, incident occurred on 16.02.2014 at about 02:30 pm at village Kherai, Police Station Shadhora when one Rakesh Singh close relative of deceased Ghasiram was going by his motorcycle from newly constructed road, all of a sudden present applicant Gautam Singh alongwith other six co-accused persons came there armed with deadly weapons and Rakesh Singh was assaulted by them. At the relevant time, when Parmal, Harveer, Bhura and Ghasiram came on the spot, they were also beaten by Gautam Singh and other co-accused persons. In this incident, Ghasiram died on the next day i.e. on 17.02.2014. FIR was lodged by Parmal Singh. As per prosecution story, at the time of incident, Gautam Singh was armed with deadly sharp edged weapon-Axe. 8. Prayer for bail was made on the ground that no corresponding injury caused by Axe was found present on the dead body of deceased Ghasiram. Only one incised wound resulting in fracture in the wrist of Bhura was found present and apart that charge-sheet has already been filed and since the co-accused, namely Jai Singh and Laxman Singh have already been enlarged on bail vide orders dated 02.07.2014 in Mcrc. No. 4434 of 2014 and 4421 of 2014 thus he may be benefited by grant of bail. 9. Prayer for bail is opposed on the ground that it is a heinous offence committed by Gautam Singh and other co-accused persons and thus the present applicant is not entitled to bail. 10. No. 4434 of 2014 and 4421 of 2014 thus he may be benefited by grant of bail. 9. Prayer for bail is opposed on the ground that it is a heinous offence committed by Gautam Singh and other co-accused persons and thus the present applicant is not entitled to bail. 10. Looking to the fact that charge sheet has already been filed, no corresponding injury of Axe was found on the dead body of deceased Ghasiram, on the ground of parity with the co-accused persons and since final disposal of the case will take time, this court is inclined to grant bail to the applicant, hence, application is allowed and it is directed that applicant-Gautam Singh be released on bail on his furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac only) with one solvent surety of the like amount to the satisfaction of the Trial Court, subject to condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Cr. P.C. 11. A copy of the order be sent to the Court concerned for necessary compliance. 12. Certified copy as per rules.