Madhya Pradesh High Court
Vikram Singh vs The State Of Madhya Pradesh on 4 December, 2021
Author: Vivek Rusia
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THE HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
(S.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA)
M.Cr.C.No.56068/2021
Vikram Singh S/o Onkar Singh, aged about 30 years, Occupation- Agriculturist, R/o
Village Kitiy, Tehsil- Mahidpur, District Ujjain, M.P.
---- applicant
Versus
State of M.P. Through P.S. Mahidpur, District Ujjain, M.P.
----respondent
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Shri Abhay Saraswat, learned counsel for the applicant.
Shri Mukesh Sharma, learned Government Advocate for the
respondent/State.
Shri Anopam Chouhan, learned counsel for the Respondent
[COMP].
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ORDER
Date: 04.12.2021:
This is repeat third bail application filed under section 439
Cr.P.C,1973, seeking bail in connection with Crime No.54/2021 registered
at police station-Mahidpur, District-Ujjain for the offence punishable
under sections 307, 341, 323, 294, 506, 147, 148, 149, 324 of I.P.C. . The
applicant is in custody since 23.02.2021.
The earlier prayers for bail of the applicant has been dismissed vide
order dated 14.07.2021 and 13.09.2021 passed in M.Cr.C.No.33463/2021
and 37834/2021.
As per prosecution story on 22.02.2021, the complainant has lodged
report alleging that he is having old dispute with the family of the
Onkarsingh. On 22.02.2021, his uncle Bahadur Singh and Brother
Gowardhan Singh were going on motorcycle to the village, near Govt.
School, Gopal Singh S/o Onkarsingh, Dilip Singh S/o Mansingh, Vikram
Singh S/o Onkarsingh (present applicant), Balram S/o Prabhulal and
Onkarsingh S/o Mangu Singh came with white colour scorpio, armed with
stick and sword. They apprehended the motorcycle and started abusing
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them by filthy language, When Bahadur Singh objected it, then Vikram
Singh gave a blow on the head of Bahadur Singh and he fell down.
Thereafter, Balram also gave blow to Bahadur Singh by sword with
intention to kill. Other accused person joined him and assaulted by means
of stick due to which Gowardhan Singh sustained Injuries. The local
villagers came there and intervened and the accused persons fled away
from the spot.
Learned counsel for the applicant submits that applicant and
complainant are cousin brother. The dispute arose suddenly because of
property matter. Now the parties have entered into compromise. The
complainant is not going to support the prosecution story after
compromise. He has placed reliance over the judgment passed by Apex
Court in the case of Ramgopal & Anr. Vs. The State of M.P. (Criminal
Appeal No.1489/2012 dated 29.09.2021) in which it has been held that:-
19. We thus sum-up and hold that as opposed to Section
320 Cr.P.C. where the Court is squarely guided by the
compromise between the parties in respect of offences
'compoundable' within the statutory framework, the
extraordinary power enjoined upon a High Court under Section
482 Cr.P.C. or vested in this Court under Article 142 of the
Constitution, can be invoked beyond the metes and bounds of
Section 320 Cr..P.C. Nonetheless, we reiterate that such powers
of wide amplitude ought to be exercised carefully in the context
of quashing criminal proceedings, bearing in mind: (i) Nature
and effect of the offence on the conscious of the society; (ii)
Seriousness of the injury, if any; (iii) Voluntary nature of
compromise between the accused and the victim; & (iv) Conduct
of the accused persons, prior to and after the occurrence of the
purported offence and/or other relevant considerations.
The injuries caused by the applicant are not fatal injuries. The
offence would not travel more than 325 of I.P.C.
Learned Government opposes the bail application and prays for its
rejection.
Learned counsel for the complainant submits that the compromise
arrived between the parties and he has no objection if bail is granted to the
applicant.
Considering the facts and circumstances of the case but without
commenting on the merits of the case, the application filed by the
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applicant is allowed. The applicant is directed to be released on bail on his
furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty
Thousand Only) with one solvent surety of the like amount to the
satisfaction of the trial Court for his regular appearance before the trial
Court during trial with a condition that he shall remain present before the
court concerned during trial and shall also abide by the conditions
enumerated under Section 437(3) Cr.P.C.
This order shall be effective till the end of the trial, however, in
case of bail jump, it shall become ineffective.
Certified copy as per rules.
(VIVEK RUSIA )
JUDGE
praveen
PRAVEEN NAYAK
2021.12.04 16:07:59
+05'30'
