Madhya Pradesh High Court
Jagpal Singh vs The State Of Madhya Pradesh on 4 December, 2021
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.58256/2021
(JAGPAL SINGH VS. STATE OF M.P.)
Gwalior, Dated : 04/12/2021
Shri Sushil Goswami, learned counsel for the applicant.
Shri A.K.Nirankari, learned counsel for the State.
Case diary is available.
This is first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 11/11/2021 in connection
with Crime No.295/2021 registered at Police Station Khaniyadhana,
District Shivpuri for offence under Sections 307, 294, 147 and 148 of
IPC.
It is submitted by the counsel for the applicant that according
to the prosecution case, the employees of a contractor, who was
awarded one fishing contract were on patrolling in a steamer. The
moment they reached near Nala, they found that four persons namely
Vinod Lodhi, Sibbu @ Shivkumar Lodhi, Gabbar Lodhi and Umesh
@ Kalla Lodhi alongwith 3-4 more persons were illegally fishing.
When, it was objected to Vinod Lodhi, then Vinod Lodhi and Sibbu
@ Shivkumar Lodhi said that so long as employees of the contractor
are alive, they would continue to disturb them and accordingly, now
it is a good time to finish them and accordingly, they climbed on to
the steamer and started assaulting the complainant and other persons
by Lathi and Danda. Co-accused Umesh @ Kalla Lodhi challenged
THE HIGH COURT OF MADHYA PRADESH
MCRC No.58256/2021
(JAGPAL SINGH VS. STATE OF M.P.)
them and instigated to throw the complainant and other persons in the
dam. Accordingly, all those persons threw the complainant and three
other injured persons in the dam. However, they some how managed
to survive. In the morning they found that their boat was also lying
upside down. It is submitted that the name of present applicant is not
mentioned in the FIR.
Per contra, the application is vehemently opposed by the
counsel for the State. However, after going through police case diary,
it is fairly conceded that the Test Identification Parade has not been
conducted so far. It is fairly conceded that at present, the only
evidence against the applicant is the confessional statement made by
the co-accused person. However, he could not point out as to why the
police has not conducted TIP so far specifically when the applicant is
in jail from 11/11/2021. It is further submitted that the applicant has a
criminal history.
At this stage, it is further submitted by the counsel for the
applicant that the co-accused Brajesh has also been granted bail by
this Court by order dated 23/09/2021 passed in MCRC
No.47123/2021. It is further submitted that it is true that the applicant
had a criminal history but he has already been acquitted for offence
under Section 302 of IPC and he has also been acquitted for an
offence under Section 323 of IPC on the basis of compromise. It is
THE HIGH COURT OF MADHYA PRADESH
MCRC No.58256/2021
(JAGPAL SINGH VS. STATE OF M.P.)
further submitted that one more trial is pending against the applicant.
Considering the fact that no TIP has been conducted so far and
at present the case is based on the confessional statement of the co-
accused only and 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)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2021.12.04
14:38:44 -08'00'
