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MADHYA PRADESH HIGH COURT
Vishnu Pratap Singh Chauhan, J.
Inder Singh & Ors. - Appellant
Versus
State Of Madhya Pradesh - Respondent
Miscellaneous Criminal Case No. 25947 of 2020
Decided On : 14-09-2020
Bail Application - Offence under Sections 302, 342 r/w Section 34 of IPC - Court declined bail based on gravity of offence
Fact of the Case:
The applicants were in jail for the commission of offence punishable under Sections 302, 342 r/w Section 34 of IPC. The prosecution alleged that the deceased was locked in a room and beaten with a wooden stick and fists, resulting in his death.
Finding of the Court:
The court, without commenting on the merits of the case, declined to grant bail to the applicants based on the gravity of the offence and the findings in the dehati nalsi and the doctor's opinion on the cause of death.
Issues: Bail application under Section 439 of Cr.P.C.
Ratio Decidendi: The court considered the gravity of the offence and the findings in the dehati nalsi and the doctor's opinion on the cause of death in declining the bail application.
Final Decision: The bail application filed on behalf of the applicants stands dismissed.
JUDGMENT
Vishnu Pratap Singh Chauhan, J. - Heard on this first bail application under Section 439 of Cr.P.C. filed on behalf of the applicants.
2. The applicants are in jail since 31/03/2020 in connection with Crime No.28/2020 registered at Police Station Gouharganj, District Raisen for commission of offence punishable under Sections 302, 342 r/w Section 34 of IPC.
3. The case of the prosecution against the applicants, in short, is that, on the dispute of theft of goat, there was scuffle happened between applicant No.1 Inder Singh and the deceased. Later on Inder Singh, Harish and other co-accused persons gathered with wooden stick and locked the deceased inside a room and beaten him with wooden stick and kick and fists. He received injuries and later on he succumbed to that injuries.
4. Learned counsel for the applicants submits that applicants have falsely been implicated in the case. Applicants are under judicial custody since 31.03.2020. After investigation charge-sheet has been filed and the trial will take considerable time for its final conclusion, therefore, it is prayed that the applicants be released on bail.
5. On the other hand learned Panel Lawyer vehemently opposed the application and prays for dismissal of the application.
6. Having heard both the counsel and perused the record. On perusal of record it appears that the name of the applicants found place in the dehati nalsi. The doctor who conducted postmortem opined that the deceased succumbed due to the injuries received in vital parts of the body.
7. Considering all the facts and circumstances of the case and looking to the gravity of offence, without commenting on the merits of the case, this Court is not inclined to enlarge the applicants on bail.
8. Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicants Inder Singh, Mal Singh and Pratap stands dismissed.
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