Pyar Mohammad Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1046397
CourtMadhya Pradesh High Court
Decided OnMar-06-2013
AppellantPyar Mohammad
RespondentThe State of Madhya Pradesh
Excerpt:
m.cr.c.no.784/2013 6/03/2013 shri surendra singh, sr.counsel with shri shivam singh, advocate for the applicant. shri c.k.mishra, ga for the respondent/state. heard finally. this is the firs.application filed by applicant under section 439 of the cr.p.c for grant of bail. applicant has been arrested on 20/01/12 in connection with crime no.7/12 registered at p.s.nowgaon, district chhatarpur for the offence punishable under sections 302, 201, 120-b of ipc and section 25/27 of arms act. learned counsel for the applicant submits that applicant has been falsely implicated in the case. as per prosecution itself it is alleged that co-accused ramesh parashar had saw that deceased jamman was with this applicant on the date of incident. as per postmortem report jamman died due to the gun shot injury. it is further submitted that applicant himself lodged an fir in regard to aforesaid incident. he was the witness of said incident thereafter, during investigation some articles have been seized at the instance of this applicant and it is alleged that applicant was also involved in conspiracy of committing the murder of jamman. there is no specific evidence in regard to fact that applicant entered into conspiracy of committing the murder of jamman. charge sheet has already been filed and trial would take considerable time to be disposed of finally therefore, he prays for bail to the applicant. learned counsel for the state opposes the application. considering the overall facts and circumstances of the case alongwith the nature of allegation made against this applicant, i am of the considered view that it is a fit case to release him on bail. therefore, without commenting on the merit of the case, this application is allowed and it is directed that applicant pyar mohammad 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 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 navin
Judgment:

M.Cr.C.No.784/2013 6/03/2013 Shri Surendra Singh, Sr.Counsel with Shri Shivam Singh, Advocate for the applicant.

Shri C.K.Mishra, GA for the respondent/State.

Heard finally.

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

Applicant has been arrested on 20/01/12 in connection with Crime No.7/12 registered at P.S.Nowgaon, District Chhatarpur for the offence punishable under sections 302, 201, 120-B of IPC and section 25/27 of Arms Act.

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

As per prosecution itself it is alleged that co-accused Ramesh Parashar had saw that deceased Jamman was with this applicant on the date of incident.

As per postmortem report Jamman died due to the gun shot injury.

It is further submitted that applicant himself lodged an FIR in regard to aforesaid incident.

He was the witness of said incident thereafter, during investigation some articles have been seized at the instance of this applicant and it is alleged that applicant was also involved in conspiracy of committing the murder of Jamman.

There is no specific evidence in regard to fact that applicant entered into conspiracy of committing the murder of Jamman.

Charge sheet has already been filed and trial would take considerable time to be disposed of finally therefore, he prays for bail to the applicant.

Learned counsel for the State opposes the application.

Considering the overall facts and circumstances of the case alongwith the nature of allegation made against this applicant, I am of the considered view that it is a fit case to release him on bail.

Therefore, without commenting on the merit of the case, this application is allowed and it is directed that applicant Pyar Mohammad 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 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 navin