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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Anil Verma, J.
Ambaram – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 15511 of 2022
Decided On : 29-03-2022
Bail Application - Offence under Indian Penal Code - Grant of bail based on lack of evidence, nature of offence, and parity with co-accused
Fact of the Case:
The applicant filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, as he was in custody for offences under the Indian Penal Code and arms act. The prosecution alleged that the applicant and co-accused persons were involved in an incident resulting in the death of a person.
Finding of the Court:
The court considered the lack of evidence connecting the applicant to the offence, the nature and gravity of the offence, and the fact that the applicant was not the main accused and did not cause grievous injury to the deceased. The court also noted that the co-accused persons had been granted bail, and the possibility of delay in the trial. The court granted bail to the applicant based on the ground of parity.
Issues: The main issue was whether the applicant should be granted bail considering the nature of the offence, lack of evidence, and the status of co-accused persons.
Ratio Decidendi: The court's decision was influenced by the lack of evidence connecting the applicant to the offence, the nature and gravity of the offence, and the fact that the applicant was not the main accused and did not cause grievous injury to the deceased. The court also considered the parity with co-accused persons and the possibility of delay in the trial.
Final Decision: The court allowed the bail application and directed the release of the applicant on bail upon furnishing a personal bond and surety.
JUDGMENT
anil Verma, J. - This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 10/02/2022 in connection with Crime No.280/2021 registered at Police Station - Kanad, District agar Malwa (M.P.) for commission of offence punishable under Section 302, 307, 324, 323, 147, 148, 149 and 325 of the Indian Penal Code, 1860 read with Section 25 and 27 of the arms act.
as per prosecution story, on 16/09/2021 at about 03:00 am, complainant Padamsingh was going to his agricultural filed, at that time, he met with co-accused persons Mohansingh, Ratansingh, Chainsingh, Prabhulal, Kalusingh, Radheshyam, antarsingh, Devisingh, Ishwarsingh, Rajendrasingh, Nihalsingh, ambaram (present applicant) and Kamal; Ishwarsingh armed with desi katta and co-accused Kalusingh, Chainsingh, Mohan Singh, armed with sword; co-accused Devisingh armed with farsi. Co-accused Ishwar fired gun shot by desi Katta on Umrao singh. as a result of which, he sustained injuries on his abdomen. Thereafter, other co-accused persons also started beating to the victim persons and inflicted several injuries by means of sword and farsi. Due to the injures sustained in the incident, Umrao Singh died in the hospital during treatment. accordingly, aforementioned offence has been registered against the present applicant and other co-accused persons.
Learned counsel for the applicant submits that applicant is innocent person and he has been falsely implicated in this matter. He further submits that there is no legal evidence available on record to connect the applicant with the aforementioned offence. Investigation is over, charge sheet has been filed and no further custodial interrogation of the applicant is required. The applicant is in custody since 10/02/2022. Co-accused antar Singh and Rajendra Singh have been enlarged on bail vide order dated 04/02/2022 passed in M.Cr.C.Nos.5223/2022 and 1569/2022 and co-accused Kamal Singh, Nihal Singh and Radheshyam have been enlarged on bail by this vide M.Cr.C.Nos.7775/2022, 7749/2022 and 7515/2022 on 04/03/2022. Final conclusion of the trial is likely to take sufficient long time. Hence, she prays that applicant also be released on bail on the ground of parity on such terms and conditions, as this Court deems fit and proper.
Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection. However, he fairly admits that no criminal antecedent found against the present applicant.
Perused the impugned order of the trial Court as well as the case diary.
Considering the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that present applicant was not having deadly weapon at the time of incident. applicant is not the main accused and he has not caused any grievous injury to the deceased. Possibility of delay in conclusion of the trial cannot be ruled out. In view of the above there is no role attributable to the present applicant and co-accused persons have already been enlarged on bail. In these circumstances, I deem it proper to release the applicant on bail on the ground of parity. Therefore, without commenting on the merits of the case, the application is allowed.
It is directed that applicant be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C.,
Certified copy as per Rules.
Grant of bail based on lack of evidence, nature of offence, and parity with co-accused
The court's decision to grant bail was based on the nature and gravity of the offense, the absence of bone injury sustained by the victim, the existence of a cross case against the complainant party,....
The court may grant bail based on the nature and gravity of the offence, completion of investigation, filing of charge-sheet, and the likelihood of a long trial duration.
The court considered the nature of the allegation, the length of time the applicant had been in custody, and the possibility of delay in the conclusion of the trial in granting bail to the applicant.
The lack of corroboration of the injury attributed to the applicant and the completion of the investigation with the filing of the charge-sheet influenced the court's decision to grant bail.
The court may grant bail based on the nature and gravity of the allegations, the period of detention, and the bail granted to co-accused in similar circumstances.
The main legal point established is that bail may be granted based on the specific allegations and witness statements, and the expected duration of the trial.
The court established that lack of specific allegations and the potential for a lengthy trial can justify the granting of bail under Section 439 Cr.P.C.
The court considered the totality of the facts and circumstances of the case and granted bail to the accused petitioners under Section 439 Cr.P.C.
The lack of identification of the accused by the complainant and injured party, along with other facts and circumstances of the case, can be considered in granting bail.
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