Mahesh Joshi vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicant has filed this third application u/S 439, Cr.P.C. for grant of bail. The first bail application was dismissed on merits vide order dated

2/1/2019 passed in M.Cr.C. No.47403/2018, while the second one was dismissed as withdrawn vide order dated 18/12/2019 passed in M.Cr.C.

No.50932/2019.

The applicant has been arrested by Police Station Karera District Shivpuri (M.P.) in connection with Crime No. 324/2018 registered in relation to the

offences punishable under Sections 323, 324, 294, 34, 506 and subsequently enhanced 302 of IPC.

Allegations against the applicant, in short, is that applicant alongwith co-accused assaulted the complainant with Lathis due to which injuries were

received on the head and left hand and blood started oozing out. When complainant's son Jitendra Joshi and neighbor Rahul Rajak came to save him,

they were also beaten by Lathis resulting in injuries. The accused persons also threaten them with life. On the aforesaid basis, crime has been

registered.

Learned counsel for the applicant submits that he has falsely been implicated and he is in custody since 17/07/2018. It is submitted that charge sheet

has been filed and no further custodial interrogation is required in the matter. It is further submitted that trial will take time to conclude in future and

applicant is permanent resident of District Shivpuri (M.P.). It is further submitted that after rejection of first bail application, prosecution witnesses

Prabha Joshi (PW/1) and Jitendra Joshi (PW/2) have been examined and they have specifically stated that head injury was caused by co-accused

Golu. No overt act has been assigned to the applicant. There is no likelihood of absconding or tampering with the prosecution evidence. It is further

submitted that applicant is ready to abide the terms and conditions as may be imposed by this Court and early conclusion of the trial is bleak possibility

and prolonged pre-trial detention is an anathema to the concept of liberty. It is further submitted that the applicant's case is similar and identical with

the case of co-accused Smt. Meena and Ramesh who have since been enlarged on bail by this Court vide orders dated 03/09/2019 and 18/11/2019

passed in M.Cr.C. Nos. 34765/2019 and 41121/2019 respectively. Under these circumstances, applicant prays for grant of bail on the ground of parity

with co-accused Ramesh and Smt. Meena.

Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the

material available on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this

application is allowed and it is directed that the applicant namely Mahesh Joshi be released on bail on furnishing a personal bond in the sum of Rs.

1,00,000/- (Rs. One Lakh only) with two local solvent sureties in the like amount to the satisfaction of the concerned 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 previouspermissionofthetrial 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.