Hakim Singh Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 9779 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 15th OF JULY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 33099 of 2022

        Between:-
        HAKIM SINGH JATAV S/O LATE SHRI
        LAKHARAM     JATAV,  AGE    36   YEARS,
        OCCUPATION: LABOUR, RESIDENT OF VILLAGE
        KRIPALPUR, TEHSIL AND DISTRICT GWALIOR
        (MADHYA PRADESH)

                                                                .....APPLICANT
        (BY SHRI MAHENDRA SINGH YADAV - ADVOCATE)

        AND

        STATE OF MADHYA PRADESH THROUGH
        STATION HOUSE OFFICER, POLICE STATION
        HASTINAPUR, TEHSIL AND DISTRICT GWALIOR
        (MADHYA PRADESH)

                                                              .....RESPONDENT
        (BY SMT. ANJALI GYANANI - PUBLIC PROSECUTOR)

      This application coming on for hearing this day, the court passed the
following:
                                   ORDER

Case diary is available.

This fourth application under Section 439 of Cr.P.C. has been filed for grant of bail. The third application was dismissed as withdrawn by order dated 3.12.2021 passed in M.Cr.C.No.58173/2021.

The applicant has been arrested on 10.6.2021 in connection with Crime No.60/2021 registered at Police Station Hastinapur, District Gwalior for offence under Sections 307, 294, 302 of IPC.

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

bail applciations were withdrawn but according to the prosecution case, the applicant and the deceased were consuming liquor and when the applicant demanded more liquor, the deceased refused and on this issue, it is alleged that the applicant pushed the deceased in a well. It is submitted that whether the act of the applicant amounts to an offence under Section 302 or 304 of IPC is yet to be decided by the Trial Court but no intention has been attributed to the applicant. The applicant is in jail for the last 13 months. 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 that the applicant has no criminal history.

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 Only) 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.

The application is allowed.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.07.15 18:25:09 +05'30'