Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 1151 (MP)

Garjan Singh v. State Of Madhya Pradesh

2020-10-21

MOHD FAHIM ANWAR

body2020
JUDGMENT Mohd Fahim Anwar, J. - Heard. 2. Case diary is available with the P. L. 3. This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicants, as they have been arrested in connection with Crime No.445/2020, registered at P. S. Nohta District Damoh for commission of offence punishable under Sections 294, 323, 324, 325, 326, 341 & 506 (B) of IPC. 4. The allegation of the prosecution is that on 18.8.2020 at about 6.00 p. m. when the complainant Sunil Singh Lodhi was returning back to his house along with cattle then applicant Rakesh intercepted him and after abusing in filthy language beaten him by stick, at the same time applicant Garjan singh reached there and he has also beaten him by sticks by which he sustained injury on his head. It is also alleged that when Vishal and Ramesh came there to rescue Sunil Singh, then the applicants have also beaten them by which they sustained injuries on the different parts of their body. The complainant Sunil Singh Lodhi lodged the report. On that basis above mentioned crime has been registered against the applicants under Sections 294, 323, 324, 341 & 506 (B) of IPC. The injuries of complainant Sunil Singh and Pancham were found grievous in nature. Therefore, Section 325 and 326 of IPC have been added in already registered crime. 5. It is submitted by the learned counsel for the applicants that the applicants are innocent. They have not committed any offence. They have been falsely implicated in the case. It is submitted that on the complaint of the applicants Crime No.446/2020 under Sections 294, 323, 324, 506 and 34 of IPC has been registered against the complainant party. The applicants are in judicial custody since 29.9.2020. The trial will take time to conclude. There is no likelihood of their absconding or tampering with the prosecution witnesses. They are ready to furnish adequate surety and will abide all the conditions imposed against them by this Court. Therefore, it is prayed that the applicants be released on bail. 6. Learned counsel for the respondent/ State and the objector opposes the submission made on behalf of the applicants and prayed for rejection of the bail application. However, they fairly conceded that all the victims have been discharged from the hospital. 7. Therefore, it is prayed that the applicants be released on bail. 6. Learned counsel for the respondent/ State and the objector opposes the submission made on behalf of the applicants and prayed for rejection of the bail application. However, they fairly conceded that all the victims have been discharged from the hospital. 7. Looking to the aforesaid facts and circumstances of the case, in my opinion, it is a fit case for grant of bail to the applicants. Hence, without commenting on merits, this application is allowed. 8. It is directed that the applicants shall be released on bail on furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty thousand only) each along with one solvent surety of the like amount to the satisfaction of the trial Court to appear before the court on the dates given by the concerned Court. It is further directed that applicants shall comply with the provisions of Section 437 (3) of Cr. P. C. 9. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :- 1. The Jail Authority shall ensure the medical examination of the applicants by the jail doctor before their release. 2 . The applicants shall not be released if they are suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out. 3. If it is found that the applicants are suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing them in appropriate quarantine facility. 10. C. C. as per rules.