Madhya Pradesh High Court

MCRC/4389/2024 of SHANKAR PIPLADE Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 4389 of 2024

BETWEEN:-

SHANKAR PIPLADE S/O UMESH SINGH PIPLADE, AGEDABOUT 28 YEARS, OCCUPATION: LABOUR R/O VILLAGEREVADAP.S. DHANGAON DISTRICT KHANDWA(MADHYA PRADESH)

(BY SHRI ANIL TIWARI - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION MUNDI DISTRICT KHANDWA (MADHYAPRADESH)

(BY SHRI Y.D. YADAV - GOVERNMENT ADVOCATE)

.....RESPONDENT

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

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ORDER

This is the first application filed by the applicant under Section 439 of theCode of Criminal Procedure for grant of regular bail, who is in jail since22.10.2023 relating to FIR No.500/2023 registered at Police Station MundiDistrict Khandwa (M.P.) for the offences under sections 294 and 307 of theIPC.

2. Learned counsel appearing for the applicant submitted that in heat ofmovement, applicant is said to have assaulted his wife on his head with a knife.It is submitted that applicant had a fight with his wife and she went to leave in her mother's house. Applicant went to console her and bring her back. Whenshe refused, in heat of movement, act is said to have been committed byapplicant. Applicant does not have any criminal antecedents and first timeoffender. If applicant is released on bail it will not affect society at large as itwas not a marital dispute between applicant and his wife. Investigation iscomplete and charge sheet has been filed. Applicant is in custody since22.10.2023. Hence, he may be granted bail.

3. Learned Government Advocate appearing for the State opposed theapplication for grant of bail and submitted that offence is serious in nature andapplicant assaulted his wife with a dangerous weapon on her head. Hence, hemay not be granted bail.

4. Heard the counsel for the parties.

5. There was a marital dispute between applicant and his wife when hewent to bring his wife back, in heat of movement, applicant assaulted her with aknife. Applicant is first time offender. Investigation is complete and chargesheet has also been filed.

6. Considering aforesaid facts and circumstances of the case, withoutcommenting on merits of the case, bail application filed by applicant is allowed.

7. It is directed that applicant be released on bail on his furnishingpersonal bond of Rs.50,000/-(Rs. fifty thousand only) with a solvent surety inthe like amount to the satisfaction of the trial court for his regular appearancebefore concerned Court on all such dates as may be fixed in this regard duringpendency of trial.

8. The applicant shall also abide by the conditions enumerated underSection 437 (3) of Cr. P. C.

C.C. as per rules.

pn

(VISHAL DHAGAT)JUDGE

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