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Madhya Pradesh High Court · body

2021 DIGILAW 481 (MP)

Nihal Singh S/o Govind v. State of M. P.

2021-06-07

VIVEK RUSIA

body2021
JUDGMENT : 1. Heard through video conferencing. 2. These are first applications filed under section 439 Cr.P.C. seeking bail in connection with Crime No. 22/2021 registered at police station Ghandhwani, district Dhar for the offence punishable u/s 302, 307, 147, 148 and 149 IPC. 3. As per prosecution story, complainant Shersingh, Assistant Secretary, Village Bharkua lodged a report on 09.01.2021 at Police Station Gadhwani that today at 06:30 p.m. he received phone call from Mahesh Assistant Secretary of the Gram Panchayat that Sarpanch Phool Singh has surrounded him in front of shop of Rajendra and not permitting him to leave the place. He immediately rushed there through his Scorpio with his younger brother Mersingh and his son Kamal and nephew Gulab and reached at 07:00 p.m. Assistant Secretary Mahesh was found there disputing with Sarpanch Phoolsingh. He tried to intervene in their dispute then (i) Khadak Singh, Phoolsingh, Lala, Radheshyam, Yaswant armed with Faliya, (ii) Pawan, Sohan, Suresh, Tillu, Saryam @ Shriram and Chander armed with stick and (iii) Mahesh, Ajay Nihalsingh with stone came there and started fighting in support of Sarpanch. All of them came there with common intention and said that two-three days back the complainant party assaulted their family member and today they will not leave them alive. Khadak Singh with the intention to kill gave a blow by Faliya to Mersingh on his head due to which he fell down. Radheshyam gave a blow by Faliya to him on his back and started bleeding. Thereafter, the other accused have started to assault them by means of stick and stone and then they ran away. Thereafter, his son Vikram, Kamal and Gulab took him to Gandhwani hospital, where his brother Mersingh was declared dead. The police has registered the FIR against the aforesaid accused persons and arrested them. Only Rebal Singh is absconding, rest of accused are in custody. Their bail applications have been rejected by the learned Sessions court looking to the gravity of the offence. 4. Learned counsels for the applicants submits that police has registered an FIR against 11 accused persons without there being any specific act attributable to them. Under the pressure of complainant, the FIR under Section 307 of I.P.C. has been registered whereas the complainant suffered minor injuries. The applicant in M. Cr. C. No. 26371/21 is said to have armed with stone and applicant in M. Cr. Under the pressure of complainant, the FIR under Section 307 of I.P.C. has been registered whereas the complainant suffered minor injuries. The applicant in M. Cr. C. No. 26371/21 is said to have armed with stone and applicant in M. Cr. C. No. 26368/21 is said to have armed with lathi and they have been unnecessary named in the FIR without there being any assault by them or active participation in the offence. As per prosecution story only Khadak Singh gave a single blow to Meresingh and due to which he died. Radheshyam gave a blow of Faliya to complainant. There is no injury by stick and stone. In order to show the gravity of offence, the police have made number of accused in this case, hence applicants are entitled for the bail. 5. Learned Panel Lawyer opposes the bail application by submitting that with the aid of Section 148 and 149 of I.P.C. these applicants have been made accused for the offence punishable under section 307 and 302 of the I.P.C. They came there with the common intention to kill the complainant, hence, they are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary (Challan). 7. As per the record, the allegation of causing injury by Faliya is against Khadaksingh and Radheshyam. Against rest of accused, there is common allegation for their presence with Faliya, stone and stick. The dispute was going on between Mahesh and Phoolsingh, Sarpanch. The complainant received a call at 06:30 p.m. and he reached on the spot within half an hour and that time dispute was going on. The complainant went there to settle the dispute and the applicants and other accused persons came there armed with Faliya, stick and stone hence there cannot be a common intention for murder of complainant and his brother, however it is a matter of evidence because dispute was going on between Mahesh and Phoolsingh. There is no corresponding injuries of stick and stones. Both the applicants in these two bail applications did not cause any injuries to the complainant and deceased, hence considering the facts and circumstances of the case but without commenting on the merit of the case, the applications are allowed and they are directed to be released on bail upon each of them furnishing personal bond in the sum of Rs. 40,000/- (Rupees Forty Thousand only) each with surety in the like amount to the satisfaction of the Trial Court for their appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C. 8. Before releasing the applicants from custody, the jail authorities are directed to medically examine them in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020. 9. Certified Copy as per rules.