Madhya Pradesh High Court
Hiralal vs The State Of Madhya Pradesh on 16 March, 2021
Author: Mohammed Fahim Anwar
1 MCRC-51510-2020
The High Court Of Madhya Pradesh
MCRC-51510-2020
(HIRALAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 16-03-2021
Shri A.K. Khare, Senior counsel assisted by Shri Satyam Agrawal,
counsel for applicants.
Shri Atul Dwivedi, Panel Lawyer for the respondent/State.
Shri Siddharth Datt, counsel for the objector.
Case diary is available.
Heard.
T h is is first bail application under Section 439 of Cr.P.C., in
connection with Crime No.261/2020 registered at Police Station Mandi,
District Sehore, for the offences punishable under Sections 302, 307, 294,
323, 325, 506 and 34 of IPC.
The case of the prosecution is that, on 10.10.2020 at about 06:00 pm
complainant Sitaram Rai, his son Damodar, brother Kanhaiyalal and nephew
Ganesh were harvesting the crop of Soyabean then applicant no.2 Manoj Rai,
who is nephew (brother's son) along with applicant no.1 Hiralal and co-
accused Sumit Rai has reached there and with the common intention started
beating complainant Sitaram Rai, Damodar, Kanhaiyalal and Ganesh by
means of knife, wooden stick, etc., raising objection regarding the harvesting
of the crop of Soyabean. It is also alleged that they inflicted injuries to them
by means of weapons which they were having in their hands. As a result of
which, complainant and his family members sustained grievous injuries. They
were taken to hospital where complainant's son Damodar Rai was declared to
be dead and the injuries on the persons of complainant Sitaram, Damodar,
Kanhaiyalal and Ganesh were found to be grievous and fatal to life. On the
report which was lodged after few hours of the incident, above mentioned
crime against the applicants and co-accused Sumit Rai has been registered.
Learned counsel for the applicants has submitted that the applicants are
Signature Not Verified
SAN
innocent persons and have falsely been implicated in the present offence. It is
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2021.03.22 17:35:33 IST
2 MCRC-51510-2020
further submitted that on the report of applicant no.1 Hiralal, Crime
No.262/2020 for the offence under Sections 294, 323, 506 and 34 of IPC has
been registered against complainant party. It is also submitted that the
applicants are ready to furnish bail as per the order and shall abide by all
conditions as may be imposed by the Court. He further submits that the
applicants are in jail since 11.10.2020 and the trial will take time for its final
disposal. Learned counsel for the applicants has relied upon the judgment of
the Apex Court in the case of Pathubha Govindji Rathod and another Vs.
State of Gujarat [(2015) 4 SCC 363] and submitted that in the case of free
fight accused are to be fastened with individual liability taking into
consideration the specific role assigned to each one of them. In view of the
aforesaid, it is prayed that the applicants be released on bail.
Learned counsel for the respondent/State and learned counsel for the
objector have vehemently opposed the bail application and submitted that
there are specific allegations against the present applicants. The applicants
prima-facie found involved in commission of the serious offence. In view of
the aforesaid, the applicants does not deserve to be released on bail.
Keeping in view the facts and circumstances of the case in their
entirety, particularly the fact as pointed out by the learned counsel for the
respondent and objector and having regard to the gravity of offence, without
commenting upon the merits of the case, in the opinion of this Court, it is not
a fit case to grant bail to the applicants. So far as the judgment relied upon by
the learned counsel for the applicants is distinguishable on facts; hence, it is
not applicable in the present case.
Consequently, this first application for bail under section 439 of the
Code of Criminal Procedure filed on behalf of applicants, stands dismissed.
(MOHD. FAHIM ANWAR)
JUDGE
taj
Signature Not Verified
SAN
Digitally signed by TAJAMMUL HUSSAIN
KHAN
Date: 2021.03.22 17:35:33 IST
