Madhya Pradesh High Court
Prabhulal vs The State Of Madhya Pradesh on 16 January, 2025
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
NEUTRAL CITATION NO. 2025:MPHC-IND:1131
1 MCRC-48871-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 16 th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 48871 of 2024
PRABHULAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms. Sharmila Sharma - advocate for the applicant.
Shri Jayesh Yadav - Dy. GA for the State.
Shri Siddharth Singh- advocate for the Objector.
ORDER
Heard with the aid of case diary.
This is repeat second bail application under Section 439 of the Code of
Criminal Procedure, 1973 (now section 483 of B.N.SS, 2023) for grant of bail to
the applicant in connection with Crime No. 280/2021 registered at P.S.- Kanad,
District- Agar (Malwa) for commission of offence punishable under sections 302,
307, 323, 324, 147, 148, 149 and 325 of the IPC and sections 25 and 27 of the
Arms Act.
2. First bail application of the applicant was dismissed on merits vide order
dated 23.04.2022 in M.Cr.C. No.20217/2022.
3. Prosecution story in brief is that, on 16.09.2021 a procession was going
on, at that time applicant Prabhulal and 13 other co-accused persons carrying with
sword, lathi, farsi and katta came there at the spot. Co-accused Chain Singh gave
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 16-01-2025
18:25:24
NEUTRAL CITATION NO. 2025:MPHC-IND:1131
2 MCRC-48871-2024
sword blow on the head of deceased Umrao Singh and co-accused Ishwar Singh
fired on the stomach of deceased by means of katta. As per allegations, present
applicant and co-accused persons havalso assaulted Babulal, Kamal Singh, Lakhan
Singh and Bharat Singh by means of their weapons. At the time of the incident,
present applicant was present at the spot carrying with sword. Due to injuries
Umrao Singh died. Injured Lakhan Singh and Bharat Singh sustained grievous
injuries which was fatal to life. Kamal Singh and Babulal sustained simple
injuries.
4. Learned counsel for the applicant submits that applicant has not
committed the offence and has falsely been implicated in the case. It is submitted
that as alleged present applicant assaulted only Bharat Singh by means of sword.
He has not assaulted deceased Umrao Singh. It is also submitted that at the time of
incident complainant party assaulted the accused party and a cross FIR bearing
crime No.281/2021 offence punishable under section 307 of the IPC has been
lodged against them. Complainant party assaulted accused party namely Chain
Singh and Mohan Singh by means of sword and lathis. It is also submitted that
applicant is in custody since 28.09.2021. He has completed incarceration of more
than 3 years. Till date only 7 prosecution witnesses out of 30 prosecution
witnesses have been examined before the trial court. Conclusion of the trial will
take sufficient long time for its disposal. Under these circumstances, prayer is
made for grant of bail to the applicant.
5. On the other hand, learned counsel for the non-applicant/State as well
have opposed the prayer of the applicant and prayed for its rejection.
6. Counsel for the Objector have opposed the prayer of the applicant by
submitting that present applicant was present at the spot with sword and he also
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 16-01-2025
18:25:24
NEUTRAL CITATION NO. 2025:MPHC-IND:1131
3 MCRC-48871-2024
assaulted injured Bharat Singh. Bharat Singh sustained grievous injuries. Counsel
further submitted that after the incident close relative of the applicant set the hut of
the complainant on fire and FIR bearing crime no.139/2023 offence punishable
under section 435 read with section 34 of the IPC has been lodged on 06.06.2023
against the accused persons Ratan Singh, Dule Singh, Antar Singh, Radheshyam
and Nagu Singh. It is also submitted that 9 prosecution witnesses out of 23
witnesses have been examined before the trial court therefore there is no
possibility of delay in trial therefore applicant is not entitled for grant of bail.
Counsel has placed reliance in the case of Salim Vs. State of UP 2002 SCC
ONLINE ALL 1740.
7. In the case of Salim (Supra) the Coordinate Bench of Allahabad High
Court in paragraph 9 has observed as under:
” As regards the other two decisions of this Court
referred to by the learned counsel, the same cannot
be followed as they stood impliedly overruled by
the decision of Apex Court in Special Leave to
Appeal (Criminal) No. 4059 of 2000 Rakesh
Kumar Pandey v. Munni Singh decided on 12-3-
2001. In this case the bail was granted by the High
Court on the ground of parity. The Apex Court
while cancelling the bail granted on the ground of
parity observed :
“The High Court on being moved, has
considered the application for bail and without
bearing in mind the relevant materials on record as
well as the gravity of offence released the accused
respondents on bail, since the co-accused, who had
been ascribed similar role, had been granted bail
earlier.”
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 16-01-2025
18:25:24
NEUTRAL CITATION NO. 2025:MPHC-IND:1131
4 MCRC-48871-2024
8. Having the aforesaid above mentioned facts and circumstances of the
case, the role of co-accused Kalu Singh who assaulted injured Bharat Singh by
means of sword on his and the present applicant who also assaulted Bharat Singh
by means of sword on his leg therefore, case of the present applicant is identical
with co-accused Kalu Singh in view of this Court, applicant deserves to be
enlarged on bail. Hence, the application is allowed.
7. It is directed that the applicant- PRABHULAL be released on bail upon
his/her furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent surety in the like amount to the satisfaction of the
concerned trial Court for his/her appearance before the trial Court on all such dates
as may be fixed in this behalf by the trial Court during pendency of the trial. It is
further directed that applicant shall comply with the provisions of Section 437(3)
of Cr.P.C. (now Section 480 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023.)
8. M.Cr.C. stands disposed of, accordingly.
(PRAKASH CHANDRA GUPTA)
JUDGE
ajit
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 16-01-2025
18:25:24
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