Ramprasad @ Chotu Tembhre vs The State Of Madhya Pradesh
2021 Latest Caselaw 3231 MP

                                  1                          MCRC-18330-2021
        The High Court Of Madhya Pradesh
                  MCRC-18330-2021
          (RAMPRASAD @ CHOTU TEMBHRE Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 13-07-2021
      Heard through Video Conferencing.

      Shri Siddhant Kochar, learned counsel for the applicant.
      Shri Lokesh Jain, learned Panel Lawyer for the respondent-State.

This is repeat (second) bail application filed by the applicant under Section 439 of the Code of Criminal Procedure. Earlier bail application was

dismissed on merits by the Co-ordinate Bench of this Court vide order dated 09.03.2021 passed in M.Cr.C.No.11535/2021.

The applicant is in custody since 18.02.2021, in connection with Crime No.51/2021, registered at Police Station-Malajkhand, District-Balaghat (M.P.) for the offences punishable under Sections 294, 506, 323, 326 and 324 read with Section 34 of the IPC.

As per prosecution story, on 17.02.2021, at about 09:00 O'clock in the night, when complainant-Narendra Patle was in his house, he heard some noise and reached in the house of his cousin-Surendra Patle where he saw

that some dispute was going on between his cousine-Surendra Patle, Mahesh (father-in-law of Surendra Patle) and present applicant. Thereafter, he persuaded them then present applicant abused him filthy language and when he objected to do so, present applicant bite on the right thumb of him. Thereafter, other co-accused persons came there and abused them and also assaulted the Surendra Patle and Mahesh with fists. Present applicant also bite on the right hand of Surendra Patle. Thereafter, Vinod and Amrit tried to save them then all the accused persons also threatened them to dire consequences.

Learned counsel for the applicant submits that accused/applicant has been falsely implicated in this case. Other co-accused persons have already been released on bail by the Co-ordinate Bench of this Court vide order dated 09.03.2021. The incident occurred due to trivial matter. Offences under 2 MCRC-18330-2021 Sections 324 and 326 of IPC are not applicable as 'teeth' is not considered as 'deadly weapon'. So, no case is made out against the present applicant under Section 326 of IPC. Other offences are bailable in nature. In support of his contention, he filed the judgment passed by the Hon'ble Apex Court in the case of Shakeel Ahmed vs. State of Delhi reported in (2004) 10 SCC

103. He also submits that in the said judgement it is clearly mentioned that the injuries are grievous as the finger has been snipped off but the allegation is that the assailant had bitten the finger of injured and caused the said injuries to them. Teeth of human being cannot be considered as deadly weapon, as per the description of deadly weapon enumerated under Section 326 of IPC. Hence, the offence cannot be escalate to Section 326. It can best remain only at Section 325 of IPC which is bailable in nature. Accused/applicant has no previous criminal antecedent. Accused/applicant is in jail since 18.02.2021. Investigation is complete and charge-sheet has been filed in this case. Applicant is aged about 32 years and breadwinner of his family, if he is kept in custody for unlimited period, then the future of his family, will be spoiled. It is the time of COVID-19 Pandemic, so conclusion of trial will take sufficient time. There is no probability of his absconding or tampering with the prosecution evidence. The accused/applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned Panel Lawyer for the respondent-State opposes the bail application.

After hearing arguments of the parties and looking to the facts and circumstances of the case and the fact that accused/applicant has no previous criminal antecedent, it is alleged by the prosecution that present applicant bite the thumb of complainant with the help of his teeth and upper portion of his thumb was separated from his body but in the case of Shakeel Ahmed (supra), the Hon'ble Apex Court has held that the human teeth is not 3 MCRC-18330-2021 deadly weapon, applicant is in jail since 18.02.2021, investigation is complete and charge-sheet has been filed, it is the time of COVID-19 Pandemic, so conclusion of the trial will take time, there is no probability of his absconding or tampering with the prosecution evidence, it would be appropriate to release the applicant on bail, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that applicant-Ramprasad @ Chotu Tembhre be released on bail on his furnishing bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the JMFC concerned or trial Court for his appearance

before the trial Court on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant-:

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the trial;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officers;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial; and

6. The applicant will not leave India without previous permission of the trial Court.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto 4 MCRC-18330-2021 W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-

1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2. The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3. If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

Certified copy as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

sp by Digitally signed SAVITRI PATEL Date: 2021.07.15 17:46:31 +05'30'