Hariom vs The State Of Madhya Pradesh
2022 Latest Caselaw 8422 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 24th OF JUNE, 2022

       MISCELLANEOUS CRIMINAL CASE No. 28421 of 2022

        Between:-
        HARIOM S/O SHRI SHREEKISHAN, AGED 34
        YEAR S , OCCUPATION: AGRICULTURIST, R/O
        PAHALWAN SINGH KA PURA MOJA PILUA
        TEHSIL & DISTRICT MORENA (MADHYA
        PRADESH)

                                                               .....APPLICANT
        (BY SHRI RAJMANI BANSAL - ADVOCATE )

        AND

        STATE OF MADHYA PRADESH THROUGH
        POLICE STATION NOORABAD, DISTRICT
        MORENA (MADHYA PRADESH)

                                                             .....RESPONDENT
        (BY SMT. ANJALI GYANANI - PUBLIC PROSECUTOR FOR THE
        STATE )
        (BY SHRI SARANG GUPTA - ADVOCATE FOR THE
        COMPLAINANT)

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

Case diary is available.

This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Second bail application of the applicant was dismissed as withdrawn by order dated 19/04/2022 passed in MCRC No.18223/2022.

The applicant has been arrested on 27/01/2022 in connection with Crime No.12/2022 registered by Police Station Noorabad, District Morena for offence punishable under Sections 307, 294, 34 of IPC.

It is submitted by the counsel for the applicant that the first bail application was dismissed by order dated 23/03/2022 passed in MCRC No.13891/2022 with liberty to revive the prayer after filing of charge-sheet. The second bail application of the applicant was dismissed as withdrawn by order dated 19/04/2022 passed in MCRC No.18223/2022 with liberty to revive the prayer after undergoing some reasonable period of detention. The applicant is in jail from 27/01/2022 i.e. five 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

respondent/State as well as the counsel for the complainant. It is submitted that the applicant is the main accused, who had fired gunshot causing injury on the knee of the complainant.

Considering the period of detention as well as considering the fact that the injury was caused on the knee of the complainant 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 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.

Certified copy as per rules.

(G.S. AHLUWALIA) JUDGE Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.06.24 17:14:40 -07'00'