Madhya Pradesh High Court
MCRC/52829/2023 of KALICHARAN 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 GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKARON THE 29[th] OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 52829 of 2023
BETWEEN:-
KALICHARAN S/O SHRI RAMESH BANJARA, AGED 20YEAR S , R/O NOGMAN P S GIJORRA DISTRICTGWALIOR (MADHYA PRADESH)
(BY SHRI H.S. RANA- ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION GIJORRA DISTRICT GWALIOR MP (MADHYAPRADESH)
(BY SHRI PRABHAKAR KUSHWAHA- PANEL LAWYER)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
They are heard. Perused the case-diary.
2. This is the first bail application filed by the applicant under Section 439of Criminal Procedure Code, 1973, as he/she is implicated in connection withCrime No.117/2023 registered at Police Station Gijorra , District Gwalior (MP)for offence punishable under Sections 147, 148, 302, 307 of IPC. Applicant isin jail since 08/09/2023.
3 . The allegation against the applicant is that he happens to be thebrother-in-law of the deceased who died of burn injuries.
4. Counsel for the applicant has drawn the attention of this Court to the Dying Declaration of the deceased recorded on 16.08.2023 in front of theExecutive Magistrate. Counsel has submitted that another Dying Declarationdated 04.09.2023 has also been recorded during the course of investigationwhich is the part of the charge-sheet, in which it is also alleged that the appellantwas also involved in the case and he and his brother and also his mother andfather took part in pouring the kerosene over the deceased and setting her onfire. Counsel has also submitted that even in the earlier dying declaration, thedeceased has mentioned that her husband is harassing her but there is noreference of the present applicant. The applicant in lodged in jail since08.09.2023. In such circumstance, his case for bail may be allowed.
5. Learned counsel for respondent/State has submitted that instructionhas still not been obtained as directed by this Court on 30.11.2023 .
6. On due consideration of submissions, perusal of the documents filed on record, this Court finds that so far as the case of the present applicantis concerned, considering the dying declaration 16.08.2023 which has beenplaced on record by him, this court intends to allow the present application. It isalso observed that if the aforesaid dying declaration was not recorded by theExecutive Magistrate, then appropriate action be taken against the applicant.
7. Accordingly, without commenting on the merits of the case, theapplication filed by the applicant is allowed. The applicant is directed to bereleased on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the like amountto the satisfaction of the trial Court for his/her regular appearance before thetrial Court during trial with a condition that he/she shall remain present beforethe Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
Certified copy as per rules.
Vishal
(SUBODH ABHYANKAR)JUDGE