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Madhya Pradesh High Court · body

2015 DIGILAW 68 (MP)

Gendi Sardar v. State of M. P.

2015-01-16

S.K.PALO

body2015
ORDER 1. Heard. 2. This is the first application for anticipatory bail under section 438 of the CrPC. 3. The applicant apprehends his arrest in connection with Crime No.155/2014, registered at P.S. Pichhore District Gwalior for the offence punishable under sections 294, 323, 506B of IPC, Later on enhanced section 324 and 326 of IPC. 4. It is alleged that on 30.9.2014 at about 6 a.m. accused Harjeet Singh, Mannu @ Manpreet, Mota Singh and the present applicant Gendi Sardar abused the complainant Ajmer Singh. When the complainant stopped them, the applicant Gendi Sardar gave a blow by Sword which caused injury on the left palm of the complainant and blood oozed out. The other accused persons Harjeet, Mannu and Mota Singh also caused injuries by wooden stick. Rajendra Dubey and Uttam Singh rescued the complainant. The accused persons also threatened him of his life. 5. On behalf of the applicant it is submitted that Harjeet Singh and Manpreet Singh were given the benefit of bail by the Court below and the co-accused Mota Singh was enlarged on bail by this Court in M.Cr.C No. 10289/2014 vide order dated 5.11.2014. It is also submitted that initially case has been registered under sections 294, 323, 506B of IPC, later when the fracture was found sections 324 and 326 of IPC has been enhanced. Therefore, the applicant prays for grant of anticipatory bail. 6. Learned counsel for the State opposed the application for bail on the ground that the injury caused by applicant is grievous in nature and the sword used is deadly weapon. Therefore, section 326 of IPC is attracted. 7. Considered. 8. The applicant is 45 years of age and resident of village Veermardhan Police Station Pichhore, District Gwalior, and the injury caused is on the palm which is not a vital organ. 9. Without commenting on the merits of the case application under section 438 is allowed. 10. It is directed that applicant make himself present before the Arresting Officer, within 07 days from today and in the event of his arrest the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting Officer. 11. The applicant is directed to join the Investigation immediately and to fully co-operate with the investigation. 50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting Officer. 11. The applicant is directed to join the Investigation immediately and to fully co-operate with the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of section 438 of CrPC. 12. In view of the ratio laid down by Hon’ble apex Court in Siddharam Satlingappa v. State of Maharastra and other JT2010 (13) SC 247, this order shall remain in force till the end of trial. However, the applicant has to furnish a fresh bail bond and surety before the trial Court after filing of the challan. Smt. Uma Kushwah for applicant; Prabal Solanki, Public Prosecutor for respondent/State.