Munnalal vs State of M. P. - 1997 Supreme(MP) 951

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates Appeared:
For the Applicant : Rakesh Saxena
For the Respondent: J.D. Suryavanshi

Headnote:(1) Criminal Procedure Code, 1973 – S. 439 – no injuries of weapons alleged to be in possession of accused found on person of deceased – accused entitled to bail.
       (2) Indian Penal Code, 1860 – S. 147, 148, 302/149 – offences under – no injuries of weapons alleged to be in possession of accused found on person of deceased – accused entitled to bail.
        Short Note
       1. This is second bail application. Earlier first bail application was dismissed as withdrawn on 14th of February, 1997. It is contended that second bail application preferred by another accused Brijilal was allowed by this Court. Following observations were made:
       "This is second application for bail on behalf of Brijilal. The first application was rejected as not pressed. Learned counsel for the petitioner contended that the petitioner has been assigned a Ballam and no injury has been found on the person of the deceased. Learned counsel for the State has not been able to show any punctured wound. He pointed out that the deceased had one bruise, four lacerated wounds and four abrasions."
       2. On the basis of the above order passed by this Court, it is contended that the case of the present petitioner is similar. Munnalal is said to be armed with an axe. Gyan Singh is also armed with an axe and with a fire arm. There is no sharp edged weapon's injury on the person of deceased. There is also no fire arm injury on the person of deceased. In this situation, it is not possible to distinguish the case of the petitioners from that of Brijilal who was allowed bail by this Court on second bail application on 14th of February, 1997.
       3. Considering the above facts and circumstances, this application is allowed. The petitioners be released on bail on their furnishing a personal bail bond in the sum of Rs. 30,000/ – with two sureties, by each of them to the satisfaction of C.J .M. Vidisha.