Sheru and 5 Another vs The State of Madhya Pradesh

Mrs. S.R. Waghmare, Judge

By this application filed u/s 439 of the Cr.P.C. applicants Sheru, Rajaram, Anar Singh, Shankar, Gul Singh & Raju have moved the application for grant of bail being implicated in Crime No. 90/2012 registered by police station Tirla, Dhar for offence u/s 147, 148, 149, 294, 323, 324, 307 & 506 of the IPC. Counsel for the applicants has vehemently urged the fact that it is a case of false implication. Even if the prosecution allegations are considered, Counsel submitted that almost 15 to 16 persons have been implicated and even FIR and other statements of witnesses are considered, the allegations of assault are only against co-accused Umrao with faliya, co-accused Raghunath by arrow and co-accused Kishan with lathi. Therefore, no specific overt act is ascribed to the present applicants. Hence Counsel prayed for grant of bail since they have been arrested on 15.07.2012.

Counsel for the respondent State, on the other hand, has opposed the submissions of the Counsel for the applicants and has submitted that the applicants were fully implicated in the matter. He, however, candidly admitted that although applicants are named in the FIR no specific overt act is ascribed to the applicants. Counsel has submitted that the applicant No. 2 Rajaram and applicant No. 4 Shankar had previous criminal record and Counsel prayed for dismissal of the application. At this juncture, Counsel for the applicants does not wish to press this application on behalf of the applicant No. 2 Rajaram and applicant No. 4 Shankar. He, however, craves liberty of this Court to file fresh application after the challan is put up.

The application on their behalf is, therefore, dismissed as not pressed. However, liberty as prayed for is granted to the applicants.

On considering the above submissions, the impugned order and material available in the case diary and looking to the nature of allegations and fact that the applicants are in jail since 15.07.2012, I find that it is a fit case for grant of bail to the applicant Nos.1, 3, 5 & 6. The application is, therefore, allowed in the interest of justice. It is hereby allowed.

However, stringent measures need to be imposed, therefore, it is ordered that the applicant No. 1 Sheru, applicant No. 3 Anar Singh, applicant No. 5 Gul Singh & applicant No. 6 Raju be released on bail on their furnishing a bail bond for a sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) each with one surety of like amount to the satisfaction of the Trial Court for their appearance before the concerned trial Court on all dates of hearing as may be fixed by the Trial Court in this behalf during the pendency of trial.

By way of abundant caution, it is further directed that they shall also mark their presence in the concerned police station on the first Sunday of every month between 10.00 a.m. to 12.00 noon during pendency of the trial. Any default in attendance in court and marking presence in the concerned police station, would result in cancellation of bail granted by this Court thereby entitling the police to take the applicants in custody immediately.

It is also directed that the applicants shall abide by all the conditions enumerated u/s 437(3) of the Cr.P.C. C. c. as per rules.