1 THE HIGH COURT OF MADHYA PRADESH MCRC-21338-2022 Rajendra Jatav Vs. State of MP Gwalior, Dated : 06/05/2022 Shri B.S. Gour, Counsel for the applicant. Shri A.K. Nirankari, Counsel for the State. Case Diary is available.
This second application under Section 439 of CrPC has been filed for grant of bail. First application of the applicant was dismissed as withdrawn by order dated 26.10.2021 passed in M.Cr.C. No.52475/2021.
The applicant has been arrested on 26.08.2021 in connection with Crime No.82/2021 registered by Police Station Indar Distt. Shivpuri for offence under Sections 324, 323, 294, 341, 506, 325, 326/34 of IPC.
It is submitted by the counsel for the applicant that according to the prosecution case, the applicant had assaulted the injured Sukhpal by means of an axe. It is submitted that it is true that one incised wound was found on fronto parietal region of skull of Sukhpal apart form one lacerated wound on his right elbow and multiple fractures of frontal bone involving frontal sinus, anterior wall of left maxillary sinus were also seen with overlying soft tissue swelling, but the applicant is in jail from 26.08.2021, i.e., more than 8 months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. 2
THE HIGH COURT OF MADHYA PRADESH MCRC-21338-2022 Rajendra Jatav Vs. State of MP Per contra, the application is vehemently opposed by the counsel for the State. However, after going through the police case diary, it is fairly conceded that the applicant has no criminal history.
Considering the facts and circumstances of the case as well as considering the period of detention, but without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.05.07 17:12:32 +05'30'