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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Vivek Rusia, J.
Basantilal Gurjar – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 8531 of 2023
Decided On : 28-02-2023
Bail - Offences under IPC - Summary
Fact of the Case:
The applicant, Basantilal Gurjar, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection with a case involving multiple offences under the Indian Penal Code (IPC) for assaulting the victim.
Finding of the Court:
The court allowed the bail application, considering the length of the trial and without commenting on the merits of the case, directing the release of the applicant on bail upon furnishing a personal bond and surety.
Issues: The main issue was the grant of bail to the applicant who was in custody for the alleged offences under the IPC.
Ratio Decidendi: The court considered the circumstances of the case and the length of the trial, without delving into the merits of the case, and granted bail to the applicant.
Final Decision: The court allowed the bail application and directed the release of the applicant on bail upon fulfilling the specified conditions.
JUDGMENT
Vivek Rusia, J. - This is the third (repeat) application under Section 439 of Code of Criminal Procedure, 1973 for grant of bail filed by the applicant- Basantilal Gurjar who is in custody since 04.08.2021 in connection with Crime No.177/2021 registered at Police Station Barawda, District Ratlam, for the offence punishable under Section 323, 294, 506, 34, 307, 325, 120-B of IPC.
2. As per the prosecution. story, on 27.06.2021 police Haatpipaliya received information from Govt. Hospital Mandsaur about admission of Manohar Singh in an injured condition for treatment. C.L. Haada, Assistant Sub-Inspector reached to the hospital and recorded the statement of Manohar Singh and according to the injured, on 25.06.2021 near about 9, he was sitting in his agriculture field and operating the mobile. All of a sudden Udaylal (saala) and Basantilal (present applicant) came with a pipe and stick in their hands and started abusing him. Udaylal gave a blow by pipe on his head thereafter Basantilal and Gurjan assaulted him by means of stick. Two persons also came there with the sticks, and they also assaulted him thereafter, Pooralal came there and the accused persons left the place by threatening him. Initially The FIR was registered under Sections 323, 294, 506 and 34 of the Indian Penal Code and on the basis of the X-Ray report given by the Mewad Hospital fracture was found on both the legs and left hand. Hence, offence under Section 325 of the IPC was added and thereafter on 29.07.2021 query report was obtained and Section 307of the IPC was also added in the FIR.
3. Thereafter the doctor Raunak Kochatta has been examined as PW/5 and according to him no fracture was found on the head, as per the X-ray report there was a fracture of only tibia fibula which is not life threatening hence, offence under Section 307of IPC is not made out.
4. Learned counsel for the applicant submits that applicant is innocent and he has falsely been implicated in the present case. The applicant is in custody since 04.08.2021. Conclusion of trial will take sufficient time. Under these circumstances, learned counsel for the applicant prays for grant of bail.
5. Learned Government Advocate opposes the application and prays for its rejection.
6. Considering the aforesaid facts and circumstances of the case but without commenting on the merits of the case, the application is allowed and applicant-Basantilal Gurjar is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
7. C.c. as per rules.
Grant of bail based on the length of trial and without commenting on the merits of the case.
The delay in framing charges and the nature of injuries are crucial factors in considering bail applications.
The court considered the nature of specific allegations and the supporting evidence in the MLC in granting bail to the applicant.
Grant of bail under Section 439 Cr.P.C. should be based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail to an accused under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court considered the delay in lodging the FIR, the nature of the injuries, and the prolonged custody of the petitioner in granting regular bail.
The court has the discretion to grant bail based on the circumstances of the case and completion of investigation and charge sheet filing.
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