Muktyar Singh @ Mukkha vs The State Of Madhya Pradesh
2022 Latest Caselaw 5554 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.17959/2022 Muktyar Singh alias Mukkha Vs. The State of M.P.

Gwalior, Dated:18/04/2022

Shri Somveer Singh Yadav, Advocate for the applicant.

Shri Pramod Pachori, Counsel for the State.

Shri A.S. Bais, Advocate for complainant.

Case diary is available.

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

filed for grant of bail.

The applicant has been arrested on 21/3/2022 in connection

with Crime No.42/2022 registered at Police Station Mohna, Distt.

Gwalior for offence under Sections 147, 148, 149, 324, 323, 506,

427, 294, 326 of IPC.

It is submitted by the counsel for the applicant that a free fight

took place between the accused and the complainant party. A cross

case has been registered against the complainant party in Crime

No.43/2022. Arjun Singh @ Sonu Singh, who is an accused in the

cross case, is also alleged to have used a sword resulting in

amputation of distal end of left little finger of Manjindar Singh and

he has been granted bail by the co-ordinate Bench of this Court by

order dated 7/4/2022 passed in M.Cr.C. No.17407/2022. It is

submitted that in Crime No.43/2022, Pradeep Singh, Paramjeet

Singh, Vikram Singh and Manjinder Singh had suffered injuries.

Pradeep had suffered lacerated wound over right parietal bone. In the

present case, the allegations are that the applicant was armed with a

sword and caused injury on the occipital region of Gurmeet Singh

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.17959/2022 Muktyar Singh alias Mukkha Vs. The State of M.P.

and Manjinder Singh. The applicant is in jail from 21/3/2022 and in

fact he had acted in exercise of right of private defence. The trial is

likely to take sufficiently long 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. However, it is submitted by Shri Pramod

Pachori that the case diary does not contain the x-ray report of the

victims and accordingly, submitted that the Investigating Officer has

sent an incomplete diary. However, as the matter is from Police

Station Mohna, District Gwalior, therefore, he was granted time to

obtain x-ray report of the injured Manjinder and injured Gurmeet and

the case was passed over. In the pass over round, it was submitted by

Shri Pachori that the concerning SHO has sent the x-ray report of

injured Manjinder and Gurmeet on his Whatsapp and accordingly,

provided the print out of the same for perusal of this Court. As per

the x-ray report, fracture of left ulna bone and fracture of fifth

proximal phalanx was seen. However, the counsel for the State could

not explain as to why the incomplete diary was sent.

In view of the fact that a free fight had taken place between the

parties and one of the injured from the accused party has suffered

amputation of distal end of left little finger and the person, who had

caused the said injury, has already been granted bail by the

coordinate Bench of this Court by order dated 7/4/2022 and the case

of the applicant is identical to the case of the accused in Crime

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.17959/2022 Muktyar Singh alias Mukkha Vs. The State of M.P.

No.43/2022, this Court is of the considered opinion that the applicant

can also be granted bail.

Accordingly, considering the facts and circumstances of the

case, 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.

Let a copy of this order be sent to the Superintendent of Police,

Gwalior to submit his report before the Principal Registrar of this

Court within a period of fifteen days from today, as to why

incomplete diary was sent by the concerning police station.

Certified copy as per rules.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2022.04.19 17:58:13 +05'30'