Madhya Pradesh High Court

MCRC/4407/2024 of MUKESH SONWANE Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE DINESH KUMAR PALIWALON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 4407 of 2024

BETWEEN:-

MUKESH SONWANE S/O GHUDHAN LAL SONWANE,AGED ABOUT 58 YEARS, OCCUPATION: LABOUR R/OWARD NO 3 VILLAGE BESONI P.S. LANJI DISTRICTBALAGHAT (MADHYA PRADESH)

(BY SHRI APARNA SINGH - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICES TATION LANJI DISTRICT BALAGHAT (MADHYAPRADESH)

(BY SMT. NUPUR DHAMIJA - PANEL LAWYER)

.....RESPONDENT

This application coming on for admission this day, the court passed the following:

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ORDER

This second application has been filed by the applicant under section 439of Cr.P.C. in relation to FIR No.71/2023 dated 20.03.2023, registered at PoliceStation - Lanji District Balaghat (M.P.) for commission of offences underSections 294,323,324,506,307,498-A and 34 of I.P.C. Applicant is in detentionsince 21.03.2023.

Applicant's first bail application was dismissed as withdrawn and notpressed with liberty to renew the prayer for bail after complainant/ injuredevidence before the trial court vide order dated 21.06.2023 passed in M.Cr.C.No.16544/2023.

2. As per the prosecution story, on 20.03.2023 Ganesh Sonwane lodgedF.I.R alleging that on 19.03.2023 at around 7.00 P.M. after closing his shopwhen he reached to his home, his wife told that he has consumed liquor. Theyexchanged hot talks. In the meantime, his father Mukesh Sonwane and hisbrother Rupesh Sonwane came and asked as to why they are quarelling andstarted abusing them. When he asked not to abuse, Mukesh and Rupesh beathim by fists and punches. Rupesh assaulted him on his head by means of woodstick. When his wife Laxmi Bai came for his rescue, Rupesh caused multipleinjuries on her head, back, wrist and thumb by means of vegetable knife. FIRwas registered. After investigation, charge sheet has been filed.

3. Learned counsel for the applicant has submitted that applicant has notcommitted any offence. He is innocent and has been falsely implicated. Themain allegations are against Rupesh as he has caused injuries by means ofknife. Allegation against the present applicant is that of causing voluntary hurt. It is further submitted that learned trial court has framed charges against himonly for an offence under section 323/34, 294 and 506-II of IPC. Therefore, itis prayed that applicant may be released on bail.

4. On the other hand, learned Panel Lawyer for the State has opposedgrant of bail.

5. I have gone through the statement of Laxmi Bai recorded undersection 161 of Cr.P.C and her dying declaration. Applicant is in jail for lastalmost ten months. Having taken into consideration totality of allegations againstthe applicant including the detention period, but without expressing any opinionon the merit of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant ofbail filed on behalf of applicant, stands allowed.

6. It is directed that applicant -Mukesh Sonwane be released on bail onhis furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fiftythousand only) with one solvent surety in the like amount to the satisfaction ofthe trial Court, for his regular appearance before the trial Court during trial witha condition that he shall remain present before the concerned Court on all thedates fixed by it during trial. He shall abide by all the conditions enumeratedunder Section 437(3) of Cr.P.C.

7. This order shall be effective till the end of the trial. However, in case ofbail jump and breach of any of the conditions of bail, it shall becomeineffective.

Certified copy as per rules.

MKL

(DINESH KUMAR PALIWAL)JUDGE

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