Chandersingh vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1169

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Amar Nath Kesharwani, J.
Chandersingh & Ors. – Appellants
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61899 of 2022
Decided On : 29-12-2022

Advocates Appeared:
Manoj Saxena, Advocate, Santosh Singh Thakur, Advocate
Final Result : Allowed

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - The accused sought bail in connection with serious charges under IPC including Sections 307 and 325 - No criminal antecedents, and custody since 10-10-2022 - Investigation complete - Bail granted with conditions regarding appearance and future conduct. (Paras 1-4)

(B) Bail - Granting of bail does not signify innocence; it is a matter of judicial discretion influenced by facts and circumstances at hand and is not a reflection on the merits of the case. (Para 4)

Table of Content
1. details of the case and allegations. (Para 1 , 2)
2. arguments for bail application by defendants. (Para 3)
3. court's decision on bail with conditions. (Para 4)

JUDGMENT

Amar Nath (Kesharwani), J. - This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.272/2022 registered at police station Susner, District-Agar (Malwa) for the offence punishable under section 323, 307, 294, 325, 506/34 of IPC.

2. As per prosecution case, on 07/09/2022 complainant lodged the report to the effect that applicants and their relatives came and they abused him They also beaten Devilal with stick and Kanhaiyalal and Goverdhan saved him, thereafter applicants and others threatened him.

3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the case. It is submitted that originally case was registered under Section 323 , 294, 506/34 of IPC but later-on Section 325 and 307 of IPC has been added. As per CT scan report doctor has opined that no significant abnormality seen in brain parenchyma. There is no allegation against the applicants for causing any injury to the injured. There is no criminal antecedents against them. Applicant is in custody since 10/10/2022. The investigation is complete and charge sheet was filed on 07.12.2022. There is no likelihood of early conclusion of the trial, hence prays for release of the applicants on bail.

4. Per contra, learned Govt. Advocate opposes the prayer for bail. Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties, without commenting on the merit of the case, the application is allowed with conditions. The applicants are directed to b e released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court for their appearance before the trial Court on all dates of hearing as may be fixed in this behalf by the trial Court during the pendency of trial and shall also abide by the conditions enumerated under section 437 (3) of the Cr.P.C. The applicants will not involve in any offence of the same nature in future. If the applicants are found involved in similar nature of cases, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicants in the present case also.

C.c as per rules.

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