Kalli @ Indrapal Singh Gurjar vs The State Of Madhya Pradesh
2021 Latest Caselaw 8486 MP

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        THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.55402/2021
        Kalli @ Indrapal Singh Gurjar vs. State of M.P.

Gwalior, Dated : 08.12.2021

      Shri Arun Kumar Pateriya, Counsel for the applicant.

      Shri C.P. Singh, Panel Lawyer for the respondent/State.

Shri Sushil Goswami, Counsel for the complainant.

This third application under Section 439 of Cr.P.C. has been

filed for grant of bail. The second application was dismissed by order

dated 26.10.2021 passed in M.Cr.C.No.50459/2021.

The applicant has been arrested on 17.09.2020 in connection

with Crime No.160/2020 registered at Police Station Gohad, District

Bhind for offence under Sections 302, 307, 323, 294, 147, 148 and

149 of IPC.

It is submitted by the counsel for the applicant that the

applicant is in jail from 17.9.2020. It is submitted by the counsel for

the applicant, that according to the prosecution case, the applicant and

other co-accused persons came to the field of complainant and

instructed the complainant to stop ploughing his field. When it was

objected by deceased Devendra Singh by replying that he has

purchased the same, and therefore, he would continue the same, it is

alleged that all the accused persons including the applicant started

abusing and also assaulted him by lathi and kicks & fists blows.

Thereafter, co-accused Ashok Gurjar fired a gunshot causing death of

THE HIGH COURT OF MADHYA PRADESH MCRC No.55402/2021 Kalli @ Indrapal Singh Gurjar vs. State of M.P.

Devendra Singh and while fleeing away from the place of incident, it

is alleged that co-accused Kallu Gurjar ran over the tractor on the

body of injured Ram Dulari. The specific allegations against the

applicant are that he had given lathi blow on the head of complainant.

It is further submitted that it is true that the father of the applicant

who is one of the main accused is still absconding but taking note of

the fact that the co-accused was in jail for the last more than one year

and two months, this Court has granted bail by order dated 30.9.2020

passed in M.Cr.C.No.48550/2021.

While granting bail to the co-accused, this Court had observed

that the State Counsel is not in a position to apprise this Court with

regard to the stage of proceedings under Sections 82 and 83 of Cr.P.C.

which were initiated in the month of October, 2020, therefore, by

order dated 22.11.2021, the State Counsel was directed to file its

report regarding steps taken by him for apprehending the absconding

accused. Today, the Investigating Officer has appeared and submitted

that today itself the concerning Court has passed an order under

Section 83 of Cr.P.C. and the property of the absconding accused

persons has been directed to be attached and the said order shall be

carried out within a period of one week and the next date before the

Court below is 7.1.2022.

THE HIGH COURT OF MADHYA PRADESH MCRC No.55402/2021 Kalli @ Indrapal Singh Gurjar vs. State of M.P.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. However, the State Counsel

submitted that this Court by order dated 26.10.2021 had rejected the

bail application of the applicant mainly on the ground that the father

of the applicant against whom there is an allegation of firing is still

absconding but the counsel for the State was unable to justify the

failure of the police to apprehend the accused persons.

In view of the specific statement made by the Investigating

Officer that the concerning Court has passed an order under Section

83 of Cr.P.C. and the said order shall be executed without any default

and the property of the absconding accused persons shall be attached

within a period of one week, this Court is of the considered opinion

that no useful purpose would be served by keeping the bail

application pending. Accordingly, 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 Only) 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.

THE HIGH COURT OF MADHYA PRADESH MCRC No.55402/2021 Kalli @ Indrapal Singh Gurjar vs. State of M.P.

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)
Arun*                                                          Judge
                           ARUN KUMAR MISHRA
                           2021.12.09 14:07:48 +05'30'