Madhya Pradesh High Court
MCRC/52287/2023 of RAMCHANDRA SINGH Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIAON THE 29[th] OF DECEMBER, 2023(THROUGH VIDEO CONFERENCING)
MISC. CRIMINAL CASE No. 52287 of 2023
BETWEEN:-
RAMCHANDRA SINGH S/O LATE SHRI JAGANNATHKUSHWAH, AGED ABOUT 63 YEARS, OCCUPATION:AGRICULTURIST, R/O WARD NO. 35, HARIYAL BAGH,JOSHI NAGAR, ITAWA ROAD, BHIND P.S. DEHAT BHINDDISTRICT BHIND (MADHYA PRADESH)
(BY SHRI PRADEEP KATARE - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION DEHAT BHIND DISTRICT BHIND (MADHYAPRADESH)
(BY SHRI RAVI TRIPATHI - PANEL LAWYER)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
Case diary is not available.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
2. This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
3. Applicant has been arrested on 07.11.2023 in connection with Crime No.589/2023 registered by Police Station Dehat, District Bhind for offencepunishable under Sections 323, 294, 506, 34 and added Sections 325, 326 ofIPC.
4. It is submitted the counsel for the applicant that according to theprosecution case, the applicant had caused an injury on the leg of Brajendra,resulting in fracture of tibia bone, whereas co-accused assaulted by an iron rodon the head of Deepak causing multiple fractures on the frontal bone. It issubmitted the the applicant is aged about 63 years. He has been falselyimplicated. Even otherwise, there is no allegation that he caused any injury onvital part of Brajendra. Trial is likely to take sufficiently long time and there is nopossibility of his absconding or tampering with the prosecution case.
5. Per contra, the application is vehemently opposed by the counsel for the State.
6. Considering the advanced age of the applicant, coupled with the factthat the applicant did not cause any injury to the injured on any vital part of theirbody and had only gave a blow on the leg of Brajendra, which resulted infracture of tibia bone, this Court is of the considered opinion that the bailapplication can be considered sympathetically on the ground of old age.Accordingly, without commenting anything on the merits of the case, theapplication is allowed. It is directed that the applicant shall be released on bailon furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Laconly) with one surety in the like amount to the satisfaction of the committalCourt/trial Court to appear before the Court on the dates given by theconcerned Court.
7. This order shall remain effective till the end of trial but in case of bailjump, it shall become ineffective.
8. In the light of the judgment passed by the Supreme Court in the caseo f Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 inCriminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
9. Certified copy as per rules.
Avi
(G.S. AHLUWALIA)V. JUDGE