Ramveer vs The State Of Madhya Pradesh
2021 Latest Caselaw 7723 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC-56198-2021
                  Ramveer Vs. State of MP

Gwalior, Dated: 23-11-2021

      Shri D.S. Rajawat, Counsel for the applicant.

      Shri R.K. Awasthy, Counsel for the State.

      Case diary is available.

      This sixth application under Section 439 of CrPC has been filed

for grant of bail. Previous application of the applicant was dismissed

by order dated 28.02.2019 passed in M.Cr.C. No.8552/2019.

      The applicant has been arrested on 08.05.2017 in connection

with Crime No.80/2017 registered by Police Station Kolaras Distt.

Shivpuri for offence punishable under Sections 147, 323, 294, 506,

336, 341 of IPC, added with Section 302 of IPC.

      It is submitted by the counsel for the applicant that the applicant

is in jail from 08.05.2017, i.e., more than four years. It is submitted

that the deceased is Deewan Singh whose statement under Section 161

of CrPC was recorded, which would fall within the category of Dying

Declaration. According to the deceased Deewan Singh, Amarlal had

given an axe blow on his head, whereas Jagdish, Kashiram and

Ramveer had given multiple lathi blows on his back, waist and lower

part of the body as well as upper limbs. It is submitted that he is in jail

for the last more than four years. Co-accused Jagdish Jatav and

Kashiram have been granted bail by orders dated 25.09.2021 and

29.10.2021

passed in M.Cr.C. No. 45486/2021 and M.Cr.C. No.

51472/2021, respectively. The Trial is likely to take sufficiently long

THE HIGH COURT OF MADHYA PRADESH MCRC-56198-2021 Ramveer Vs. State of MP

time and there is no possibility of his absconding or tampering with

the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State.

Considered the submissions made by the Counsel for the

parties.

Considering the period of detention, 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) Judge

ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b510cc133f1

RAHMAN b56faa63e77b, pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E28EB, serialNumber=1B0EA1B496C965067285A628B81AE07B60D342048B78 53E6108263F1DDCC0F50, cn=ABDUR RAHMAN Date: 2021.11.23 16:55:19 -08'00'