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Gyan Singh Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citation

Court

Madhya Pradesh High Court

Decided On

Appellant

Gyan Singh

Respondent

The State of Madhya Pradesh

Excerpt:


.....of the deceased, which is alleged to have been caused by main accused feran singh. the applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail. learned counsel for state and objector have opposed the application. on due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, i am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of rs.35,000/- (rs.thirty five thousand only) with one surety in the like amount to the satisfaction of the committal court/trial court for securing his presence before the said court on all the dates of hearing fixed in this regard during trial. certified copy as per rules. (g.s.solanki) judge pb

Judgment:


M.Cr.C.No.1649/2013 15.3.2013 Shri P.S.Gaharwar, Advocate for the applicant.

Shri Punit Shroti, PL for the State.

Shri S.K.Patel, Advocate for the objector.

This is the fiRs.bail application filed by the applicant under Section 439 of the Cr.P.C.for grant of bail.

The applicant is in custody since 14.6.2012 in connection with Crime No.376/2012 registered at P.S.Kotwali, District Panna for the offence punishable under sections 147, 148, 149, 294, 323, 324, 326, 506, 307, 302 of the IPC and 25/27 of the Arms Act.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case.

As per prosecution, it is alleged against the applicant that he assaulted deceased Gajraj by using FaRs.(a sharp edged weapon) from opposite side but no such injury has been found on the person of the deceased.

Only one lacerated wound has been found on the person of the deceased, which is alleged to have been caused by main accused Feran Singh.

The applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail.

Learned counsel for State and objector have opposed the application.

On due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.35,000/- (Rs.Thirty Five Thousand only) with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.

Certified copy as per rules.

(G.S.Solanki) Judge PB


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