Waris Mohammad and Others vs The State of Madhya Pradesh

Mrs. S.R. Waghmare, Judge

By this application filed u/s 439 of the Cr.P.C. the applicants have moved the application for grant of bail being implicated in Crime No. 191/2012 registered by police station Manasa, Neemuch for offence under Sections 147, 148, 323, 324, 325, 326 and 506/ 149 of the IPC. Counsel for the applicants has vehemently urged the fact that there was a free fight ensued between the applicants and complainant. Counsel submitted that the applicants have also received injuries in the fracas and the dispute arose all of a sudden for possession of the agricultural land and tying of the cattle. Counsel submitted that injured complainant Allah Hasan has sustained injury only on the little finger. Moreover, all applicants were wielding lathis except applicant No. 1 Waris, who was wielding the sword. Counsel prayed for grant of bail since they have been arrested on 05.07.2012.

Counsel for the respondent/State, on the other hand, has opposed the submissions of the Counsel for the applicants and has submitted that all the applicants were fully implicated in the case since complainant has received six injuries. He, however, candidly admitted that all the injuries received were not grievous in nature. Counsel prayed for dismissal of the application.

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 05.07.2012, I find that it is a fit case for grant of bail. The application is, therefore, allowed.

However, stringent measures need to be imposed, therefore, it is ordered that the applicants 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. Cc. as per rules.