Jagdish Singh Gurjar vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(MP) 540

ATUL SREEDHARAN
Jagdish Singh Gurjar – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates Appeared:
Sarang Gupta, Advocate, BPS Chauhan, Advocate, Madhukar Kulshrestha, Advocate
Final Result : Allowed

JUDGMENT

Atul Sreedharan, J. - This first application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to applicant - Jagdish Singh Gurjar in connection with Crime No. 67/2022 for the offences punishable under Sections 307, 323, 294, 34 of IPC, registered at Police Station Nurabad, District Morena.

2. The applicant has been in judicial custody since 11/12/2022. The allegation against the applicant is being a member of group of three people who stated to have entered into an altercation with the complainant over a land dispute after which one of them fired a country made firearm at the complainant which struck him at the lower part of his foot. The highest offence is under Section 307 of IPC. The other two offences under Section 323 and 294 of IPC are bailable. The specific allegation pertaining to firing is attributable to co-accused Ramprakash. The allegation against the applicant herein are of having abused the complainant and assaulting him with fists blows and kicks. The MLC only reflects the firearm injury. It does not reflect any injuries in the nature of contusions and abrasions which are consonant with assault with kicks and fists blo

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