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Madhya Pradesh High Court · body

2015 DIGILAW 267 (MP)

Jahar Singh v. State Of M. P.

2015-03-03

RAJENDRA MAHAJAN

body2015
ORDER : Shri Naval Kishore Advocate with Shri K. P. Milind, learned counsel for the applicant- Jahar Singh. Shri Arun Barua, learned Panel Lawyer for the respondent/State. Shri Kuldeep Thakur, learned counsel for complainant/objector- Sanjay. 2. Complainant Sanjay is present in person before this Court. He is duly identified by his counsel. His presence be marked. 3. Heard on I.A. No. 1860/15, which is an application filed by the complainant under section 301(2) of the Criminal Procedure Code, with his own affidavit. 4. On due consideration, the IA is allowed and the counsel engaged by him is hereby allowed to assist the prosecution. 5. Also heard arguments on bail plea. 6. Perused case diary and material on record. 7. This is first bail application filed by the applicant under section 438 of the Criminal Procedure Code as he is under apprehension of his arrest in connection with Crime No. 55/2015 registered at Police Station, Kampu District Gwalior against him and co-accused Manoj Jain for the offences punishable under sections 307, 506, 120-B and 34 of the Indian Penal Code and 25 and 27 of Arms Act. 8. It is a case of prosecution that complainant Sanjay lodged the FIR alleging that on 9-2-2015 at about 10.30 p.m. two unknown offenders had come to his house and inquired about him from his wife Seema. She told them that her husband/complainant has gone to attend a marriage reception. On hearing that the unknown offenders fired at her with intention to kill her. She dodged the fire as a result of which the bullet hit the T.V. set. It is also alleged by the complainant that he has money disputes with the applicant and co-accused Jahar Singh, therefore, he entertains suspicion that they have sent unknown offenders for committing his murder. 9. Learned counsel for the applicant submits that there is no evidence to prove that the applicant has sent the unknown offenders for the commission of the murder of the complainant. It is further submitted by him that the police has registered a case against the applicant and co-accused on the suspicion of complainant. It is also submitted by him that co-accused Manoj Jain was granted bail by the Court below under section 439 of the Criminal Procedure Code, vide order dated 23-2-2015 passed in bail application No. 439/15. It is further submitted by him that the police has registered a case against the applicant and co-accused on the suspicion of complainant. It is also submitted by him that co-accused Manoj Jain was granted bail by the Court below under section 439 of the Criminal Procedure Code, vide order dated 23-2-2015 passed in bail application No. 439/15. It is also submitted by him that in view of the facts of the case no custodial interrogation of the applicant is required. Upon these submissions, prayer is made for grant of anticipatory bail. 10. Learned panel lawyer opposes the Prayer. However, the complainant and his counsel have no objection in granting anticipatory bail to the applicant. 11. Considering the facts and circumstances of the case, the submissions advanced by the counsel for the parties by their counsel and no objection of the complainant, but without expressing any opinion on the merits of the case, I am of the view that it is a fit case for grant of anticipatory bail to the applicant. Accordingly, this application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid crime number and the offences, the applicant Jahar Singh be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/-(Rupees Twenty Five thousand only) with one solvent surety in the like amount to the satisfaction of the arresting police officer. 12. The applicant is directed to join the investigation immediately and to fully co-operate the investigating agency. He will further abide by the condition enumerated in sub-section (2) of section 438 of the Criminal Procedure Code. 13. Certified copy as per rules.