RAJLALI SINGH s/o ANJAN KUMAR SINGH vs STATE OF M. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(MP) 1427

IN THE HIGH COURT OF MADHYA PRADESH
N. K. GUPTA, J.
RAJLALI SINGH s/o ANJAN KUMAR SINGH – Appellant
Versus
STATE OF M. P. – Respondent
M.Cr.C. No. 1135 of 2011
Decided On : 24-02-2011

Advocates:
Advocate Appeared:
For the Appellant : Sushil Tiwari
For the Respondent: Akhilendra Singh

Headnote:
Confession - Bail Application - The court allowed the bail application of the applicant based on the absence of consequential seizure done by the police after recording the confession, breaking the chain of circumstantial evidence, and considering the young age of the applicant with no criminal past.
Fact of the Case:

The applicant was in custody for an offence punishable under section 302 of Indian Penal Code. The deceased was the grand maternal mother-in-law of the applicant, and it was alleged that a heavy stone was thrown on her head, resulting in her death. The applicant sought bail citing lack of eye witnesses, the absence of consequential seizure after recording the confession, and the unnecessary punishment of being kept in jail, especially considering the applicant's young age and lack of criminal past.
Finding of the Court:

After hearing arguments from both parties and considering the facts and circumstances of the case, the court found it to be a fit case for granting bail to the applicant.
Issues: The main issue was whether the applicant should be granted bail despite being charged with a serious offence under section 302 of the Indian Penal Code.
Ratio Decidendi: The court allowed the bail application based on the absence of consequential seizure after recording the confession, which rendered it inadmissible as per provisions of section 24 of the Evidence Act, and the broken chain of circumstantial evidence. The court also considered the young age of the applicant with no criminal past and the unnecessary punishment of being kept in jail.
Final Decision: The court allowed the bail application of the applicant under section 439 of the Criminal Procedure Code, ordering the release on bail upon furnishing a bond in the sum of Rs. 40,000 with one surety bond of the like sum to the satisfaction of CJM, Umaria.

JUDGMENT :

1. Shri Sushil Tiwari, counsel for the applicant.

Shri Akhilendra Singh, Public Prosecutor for the respondent/State.

2. Heard on IA No. 3252/2011, an application for urgent hearing.

3. Since case diary is available, application is allowed.

4. Heard learned counsel for both the parties.

5. The applicant is in custody since 24-11-2010 in Crime No. 343/2010 registered at Police Station Nourojabad, District Umariya for offence punishable under section 302 of Indian Penal Code.

6. Learned counsel for the applicant submits that applicant is a young youth of 24 years of age who has no criminal past alleged against him. There is no eye witness in the case. Deceased was grand maternal mother-in-law of the applicant. It was alleged that some heavy stone was thrown on her head and therefore, due to head injury she died. Police has seized a stone from the spot. In Mouka Naksha it is mentioned that the stone was lying at place No. 3. It is alleged that police has recorded the confession of the applicant under section 27 of the Evidence Act but, there is no consequential seizure done by the police and therefore, that confession cannot be admitted in evidence as per provisions of section 24 of the Evidence Act. Chain of circumstantial evidence is broken. The applicant has a child of one year who is also kept in the jail. He is unnecessarily punished. Under these circumstances, applicant prays for bail.

7. Learned Public Prosecutor opposes the application.

8. After hearing aforesaid arguments of both the parties and looking to the facts and circumstances of the case, I am of the opinion that this is a fit case, in which bail may be granted to the applicant.

9. Therefore, application of the applicant Rajlali Singh under section 439, Criminal Procedure Code is hereby allowed. He be released on bail on furnishing of a bond in sum of Rs. 40,000/- (Rupees forty thousand) with one surety bond of the like sum to the satisfaction of CJM, Umaria to appear before the committal Court and trial Court on the dates given by the concerned Court.

10. Certified copy as per rules.

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