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2023 DIGILAW 435 (MP)

Pinturaj Singh v. State of Madhya Pradesh

2023-03-29

VIJAY KUMAR SHUKLA

body2023
JUDGMENT Vijay Kumar Shukla, J. - This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.26/2023 registered at Police Station - Makdon, district Ujjain (M.P.) under Sections 386, 387, 307, 323, 294, 506 and 34 of IPC. 2. As per prosecution case, on 14.2.2023 complainant Arjun lodged FIR that he runs a grocery shop at home. At about 5.00 p.m. Dhansingh and Bherusingh came at spot by car and they demanded Rs.5,000/-. When he denied, they started abusing in filthy language and Bherusingh caused gunshot fire at his father. Thereafter applicant along with other co-accused persons persons came at spot and started beating by kicks and fists. 3. Counsel for the applicant submits that as per prosecution story, there is no allegation of extortion against the present applicant and further the gun shot fire was done by Bherusingh. The only allegation against the applicant is that he had beaten the complainant with kicks and fists. Applicant is in jail since 12.02.2022 and conclusion of trial will take sufficient long time. In these circumstances, the applicant be released on bail. 4. Counsel for the State opposes the prayer for grant of bail mainly on the ground that there are three criminal record under IPC registered against the applicant and one Preventive Action has been taken. He is a habitual offender. 5. Learned counsel for the applicant submits that in all three cases, the applicant has been acquitted. 6. Taking into consideration the allegation against the present applicant, prima facie case is made out for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed on the following condition:- 1. That the applicant shall mark his presence before the concerned police station on 15th of every month during the pendency of the trial. 7. It is directed that applicant shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below. 8. The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his/her release. 8. The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his/her release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him/her to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his/her transportation from the jail till his/her place of residence. 9. A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below. 10. C.c. as per rules.