Madhya Pradesh High Court
MCRC/13149/2016 of SALIM Vs THE STATE OF MADHYA PRADESH on 29 December 2016
STATE OF MADHYA PRADESH) 29-12-2016 Shri A.S.
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29-12-2016
MCRC-13149-2016
(SALIMVs THE STATE OF MADHYA PRADESH)
Shri A.S. Rathore, learned counsel for the applicants. Shri Pushyamitra Bhargava, learned counsel for therespondent/State.
Case diary is available. Argument heard.
This is first application filed by the applicants undersection 439 of the Code of Criminal Procedure for grantof bail.
The present applicants were arrested by PoliceStation � Khudel, District � Indore in CrimeNo.398/2016 under Sections 307, 294 and 506/34 of IPC.
According to the prosecution story, the presentapplicants inflicted various injuries on head of thecomplainant/injured with sword, falia and iron rod.
Learned counsel for the applicants submits that thereis no corresponding fracture in skull bone of thecomplainant. The complainant has been discharged fromthe hospital. He further submits that charge-sheet hasbeen filed and presence of the present applicants are notrequired for the investigation.
Learned counsel for the State opposes theapplication.
After taking into consideration all the facts andcircumstances of the case and without commenting onmerit of the case, I am of the view that it is a fit case for grant of bail. The application filed under section 439 ofthe Cr.P.C. is allowed.
It is directed that the applicants shall be released onbail on their furnishing a personal bond of Rs.50,000-/(Rs. Fifty Thousand only) each and one solvent suretyeach of the like amount to the satisfaction of theconcerned Magistrate for their appearance on all thedates of hearing as may be directed in this regard duringtrial.
They are further directed that on being so released onbail, they would comply with the conditions enumeratedunder section 437(3) Cr.P.C. meticulously.
Certified copy as per rules.
(ALOK VERMA)JUDGE