Chhote Singh @ Jayveer Singh vs State of M.P.

D.K. Paliwal, J.—Heard on the bail application. Perused the case diary

This is first application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 8/2013 registered at Police Station, Bharoli, District Bhind, under Sections 302/34 of IPC. The first bail application was dismissed vide order dated 17.6.2013 passed in M. Cr. C. No. 2462/2013.

It is submitted that applicant had fired upon the deceased by his gun but the deceased has sustained only one gun shot injury, which has been attributed to co-accused Veerpal Singh. It is further submitted that after registration of FIR independent prosecution witnesses have submitted an application before Supdt. of Police, Bhind stating that some unknown persons have committed murder of Ganpat Singh. It is further submitted that in the first bail application it was submitted by the State as well as the complainant that present applicant has fired shot to the deceased but deceased has received only one gun shot injury and because of previous enmity false facts have been narrated by the State as well as by the complainant and on this, application was dismissed. It is further submitted that only one empty cartridge has been seized from the spot. It is also submitted that as per the FIR lodged by the son of deceased, Veer Pal Singh fired a shot, which hit Ganpat Singh on right side of the chest. However, in the post mortem report the entry wound has been found over left hypogastrium and the exit wound has been found over right side of the chest. Hence it is prayed that applicant be released on bail.

The application is opposed by learned Public Prosecutor.

The order passed by this Court in M. Cr. C. No. 2462/2013 on 17.6.2013 and case diary has been perused. As per the FIR complainant Shailesh Singh lodged Dehati Nalsi that he and his father Ganpat Singh were sleeping at their tube well in the night he had heard some noise (Ahat), his father was sleeping ten feet far in Chhappar. Complainant saw that Veerpal Singh, Rajpal Singh, Dharmusingh and Chhote @ Jaiveer Singh came there and Veerpal Singh and Chhote were armed with gun. They started abusing and Veerpal Singh fired a shot at Ganpat Singh, which hit Ganpat Singh on the right side of the chest. Ganpat Singh shouted and Chhote also fired a shot, thereafter accused persons ran away.

From perusal of the post mortem report of the deceased, it appears that entry wound 1 x 05 cm. cavity deep has been found over left hypogastrium. The exit wound 2 x 1 cm. cavity deep has been found over right side of the chest. No other fire arm injury has been found.

Taking into account that in the FIR nowhere it is mentioned that fire shot by Chhote hit the deceased. In the statement also complainant has not stated that fire shot by Chhote hit his father and only one entry wound has been found over the hypogastrium, which has been attributed to Veerpal Singh and the allegation is against the co-accused Veerpal Singh, but without commenting on the merit of the case, the application is allowed. It is directed that the applicant shall be released on bail on his 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 Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.