Dhrmendra Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble Shri Justice G.S. Solanki - Court Judgment

SooperKanoon Citationsooperkanoon.com/1124781
CourtMadhya Pradesh High Court
Decided OnFeb-05-2014
AppellantDhrmendra
RespondentThe State of Madhya Pradesh Judgement Given By: Hon'ble Shri Justice G.S. Solanki
Excerpt:
m.cr.c.no.9151/2013 5/02/2014 shri priyank choubey, advocate for the applicant. shri c.k.mishra, ga for the respondent/state. heard finally. this is the second application filed by applicant under section 439 of the cr.p.c for grant of bail. the firs.application was dismissed as withdrawn vide order dated 18/04/2013. applicant has been arrested on 22/12/12 in connection with crime no.940/12 registered at p.s.motinagar, district sagar for the offence punishable under sections 307 later on 302, 404 read with section 34 of ipc and section 25 (b) of arms act. learned counsel for the applicant submits that after withdrawal of firs.application, the witnesses rewaram and arjun have been examined before the trial court. they have not supported the prosecution case. it is further submitted that as per prosecution at the time of incident, applicant was having a lathi. the deceased sustained as many as four lacerated would out of which one on left eyebrow and second on right leg. the injury said to have been caused by this applicant was not fatal. trial would take considerable time to dispose of finally therefore, he prays for grant of bail to the applicant. learned counsel for the state opposes the application. on due consideration of the facts and contention raised on behalf of the parties, i am of the considered view that it is a fit case to release the applicant on bail. therefore, without commenting on the merit of the case, this application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in a sum of rs.35,000/- (rupees 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.9151/2013 5/02/2014 Shri Priyank Choubey, Advocate for the applicant.

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

Heard finally.

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

The fiRs.application was dismissed as withdrawn vide order dated 18/04/2013.

Applicant has been arrested on 22/12/12 in connection with Crime No.940/12 registered at P.S.Motinagar, District Sagar for the offence punishable under sections 307 later on 302, 404 read with section 34 of IPC and section 25 (b) of Arms Act.

Learned counsel for the applicant submits that after withdrawal of fiRs.application, the witnesses Rewaram and Arjun have been examined before the trial Court.

They have not supported the prosecution case.

It is further submitted that as per prosecution at the time of incident, applicant was having a lathi.

The deceased sustained as many as four lacerated would out of which one on left eyebrow and second on right leg.

The injury said to have been caused by this applicant was not fatal.

Trial would take considerable time to dispose of finally therefore, he prays for grant of bail to the applicant.

Learned counsel for the State opposes the application.

On due consideration of the facts and contention raised on behalf of the parties, I am of the considered view that it is a fit case to release the applicant on bail.

Therefore, without commenting on the merit of the case, this application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.35,000/- (Rupees 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