Devisingh @ Deva vs The State Of Madhya Pradesh
2022 Latest Caselaw 14681 MP

                                                    1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                             AT INDORE
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE PRANAY VERMA
                                         ON THE 11th OF NOVEMBER, 2022

                                  MISC. CRIMINAL CASE No. 47830 of 2022

                           BETWEEN:-
                           DEVISINGH @ DEVA S/O HIRALAL, AGED
                           ABOUT 32 YEARS, OCCUPATION: LABORER R/O
                           GRAM SIRSODIYA THANA DHAMNOD DIST.
                           DHAR (MADHYA PRADESH)

                                                                              .....PETITIONER
                           (BY MR VIJAY SHARMA-ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION
                           HOUSE OFFICER THROUGH POLICE STATION
                           DHAMNOD,    DISTRICT DHAR   (MADHYA
                           PRADESH)

                                                                            .....RESPONDENTS
                           ( BY MS GEETANJALI CHAURASIA-PANEL LAWYER)

                          This application coming on for order this day, th e court passed the
               following:
                                                     ORDER

01. This is the second application under Section 439 of Criminal

Procedure Code, 1973. The applicant is implicated in connection with Crime No.282/2014 registered at Police Station Dhamnod, District Dhar (MP) for offence punishable under Section 147, 148, 149 and 302 of the IPC. The applicant is in custody since 02.03.2022.

02. First application bearing M.Cr.C. No.31789/2022 was dismissed as withdrawn by order dated 07.07.2022.

Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 12-Nov-22

03. As per the prosecution, on 14-05-2014 the dead body of deceased 3:13:37 PM

Chintu Rathore was found by the side of a culvert of a road and there were several injury marks on it. Upon identification of the deceased investigation was commenced by the police during course of which statements of various witnesses were recorded from which it transpired that on 14-05-2014 in a marriage function the deceased as well as the applicant were present and an altercation had taken place between them. The applicant alongwith with his accomplices assaulted the deceased with lathies, hands and fists as a result of which he received injuries on his body and expired. Thereafter the accused threw the body of the deceased at the place from where it was eventually recovered. On the basis of such allegations, the applicant has been implicated

and arrested for the present offence.

04. Learned counsel for the applicant submits that subsequent to withdrawal of the previous application the sole eye witness to the incident, namely Ashok has been examined before the trial Court and he has not supported the prosecution case in any manner and has been declared hostile. Now there does not remain to be any other witness from which the guilt of the applicant can be established. The other co-accused persons have already been acquitted by the trial Court by judgment dated 21-05-2015 in Session Trial No. 341/2014. The material against those accused and the present applicant is the same and there is no differentiation therein. It is hence submitted that under the changed circumstances, the applicant deserves to be released on bail.

05 . The aforesaid prayer has been opposed by learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicant he is not entitled to be released on bail merely on the basis of Signature Not Verified statements of witness recorded before the trial Court. Signed by: RASHMI PRASHANT Signing time: 12-Nov-22 3:13:37 PM

06. I have heard the learned counsel for the parties and have perused the

case diary as well as the record.

07. Subsequent to withdrawal of the previous application Ashok, the sole eye witness to the incident has been examined before the trial Court and he has not supported the prosecution case in any manner and has been declared hostile. There does not appear to be any other material witness remaining to be examined on part of the prosecution. The co-accused against whom there were similar charges have already been acquitted by the trial Court by judgment dated 21-05-2015 in Sessions trial No. 341/2014. Thus in my opinion, under the changed circumstances, the applicant deserves to be released on bail.

08. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the amount to the satisfaction of the trial Court for her regular appearance before the trial Court during trial with a condition that she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

09. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.

(PRANAY VERMA) JUDGE rashmi Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 12-Nov-22 3:13:37 PM