Madhya Pradesh High Court
Panjab Parihar vs The State Of Madhya Pradesh on 18 February, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.7068/2022
Punjab Parihar and Anr. v. State of M.P.
Gwalior, Dated: 18.02.2022
Shri Ranjit Khanvilkar , Counsel for the applicants.
Shri Lokendra Shrivastava, Counsel for respondent/State.
Case diary is available.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicants have been arrested on 10.01.2022 in connection
with Crime No.755/2021 registered at Police Station Karaira Distt.
Shivpuri for offence under Sections 452, 458, 459, 323, 427, 324,
294, 506, 34 of IPC.
It is submitted by the counsel for the applicant that according
to the prosecution case on the enmity of drilling bore-well, co-
accused Deewan Singh who was armed with an Axe was abusing the
complainant and his father. It is alleged that at that time co-accused
Panjab Singh, Mahesh, Jeetu and Dharmendra came on the spot on
the call given by co-accused Balli. It is alleged that the applicants
also came on the spot and went inside the house of the complainant
and assaulted the father of the complainant and thereafter dragged
him out of the house and co-accused Mahesh assaulted him by lathi
whereas co-accused Deewan Singh assaulted by means of an axe.
When the sister of the complainant tried to intervene, then the co-
accused persons also assaulted her. It is submitted that according to
the prosecution case itself, both the applicants were bare handed. As
per MLC report, four lacerated wounds, one incised wound and one
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.7068/2022
Punjab Parihar and Anr. v. State of M.P.
diffused swelling was found over the left shoulder. Thus, it is clear
that the injury sustained by Ramswaroop corroborates the allegations
against Mahesh and Deewan Singh, but in view of the allegations
that the applicants had assaulted him by fist and blows, the
application for bail may be considered sympathetically. This Court by
order dated 11.02.2022 passed in MCRC. No. 6442/2022 has granted
bail to co-accused Dharmendra Parihar and Balli and the case of the
applicants is more or less identical to that of co-accused persons who
have been granted bail. 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. It is submitted that the applicant no. 1 has a
criminal history and one more offence under Sections 324, 326, 323,
294 of IPC was registered, but fairly conceded that he was acquitted
on the basis of compromise.
Considering the allegations against the applicants and without
commenting on the merits of the case, the application is allowed. It is
directed that the applicants 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 each 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
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.7068/2022
Punjab Parihar and Anr. v. State of M.P.
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 RAHMAN
2022.02.18
16:36:47 +05'30'
