Vishambhar Singh vs Jaswant Singh
2022 Latest Caselaw 6994 MP

                                       1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                             ON THE 9th OF MAY, 2022

                 MISC. CRIMINAL CASE No. 19793 of 2022

         Between:-
         VISHAMBHAR SINGH S/O PATIRAM, AGED
         ABOUT 48 YEARS, R/O VILLAGE GAUSPURA, PS
         SARAICHHOLA,    TAHSIL   AND   DISTRICT
         MORENA (M.P.)

                                                              .....APPLICANT
         (BY SHRI ANKUR MAHESHWARI - ADVOCATE)

         AND

         JASWANT SINGH S/O BEDLAL, AGED 60 YEARS,
         R/O VILLAGE GAUSPURA, PS SARAICHHOLA,
         TAHSIL AND DISTRICT MORENA (M. P.)

                                                           .....RESPONDENT
         (BY SMT. KALPANA PARMAR - PANEL LAWYER )
         (COMPLAINANT - BY SHRI PURAN KULSHRESHTHA -ADVOCATE)

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

Case diary is also available.

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 28.3.2022 in connection with Crime No.136/2014 (Complaint Case No.1794/2018 RCT) registered by Police Station Saraichhola, District Morena for offence punishable under Sections 307, 34 of IPC.

I t is submitted by the counsel for the applicant that initially the

complainant had made a complaint but as no offence was registered, therefore, he filed a writ petition before this Court and in the light of the order passed by this Court, the FIR was registered. However, after completing the investigation, the police found that the allegations have been falsely made. Thereafter, the respondent has filed a criminal complaint. Even according to the complaint, the gunshot was fired by Chahan Singh and the only allegation allegation against the applicant is that he had exhorted the co-accused Chahan Singh. The applicant is in jail from 28.3.2022. 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 counsel for the complainant.

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.

Certified copy as per rules.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.05.09 17:11:08 +05'30'