Ram Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 13504 MP

                                                              1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                             BEFORE
                                               HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                     ON THE 13th OF OCTOBER, 2022

                                            MISC. CRIMINAL CASE No. 43210 of 2022

                                    BETWEEN:-
                                    RAM SINGH S/O SHRI DARYAB SINGH MEENA,
                                    AGED    ABOUT    52  YEARS, OCCUPATION:
                                    PRIVATE JOB VILLAGE MUBARAKPUR POLICE
                                    STATION PARVALIYA ROAD BHOPAL (MADHYA
                                    PRADESH)

                                                                                          .....PETITIONER
                                    (BY SHRI SANJAY PANDEY - ADVOCATE)

                                    AND
                                    THE STATE OF MADHYA PRADESH THROUGH
                                    POLICE   STATION  BAIRAGARH    BHOPAL
                                    DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                                    (BY SHRI S. S. PARIHAR - PANEL LAWYER)

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

Heard on I.A.No16625/2022 which is an application for grant of ad-

interim bail.

In pursuance to the direction of this Court dated 30.09.2022 a report has been produced by the authorities dated 14.10.2022 pointing out the fact that the wife of the petitioner did not go for medical checkup on 05.10.2022. Thus, it appears that there is no medical emergency. Therefore, the application for grant of interim bail is rejected.

Heard finally.

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/14/2022 2:06:20 PM

This is the third bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His first application M.Cr.C. No.39138/2021 has been dismissed as withdrawn vide order dated 22.12.2021 and second application M.Cr.C No.3367/2022 has been dismissed on merits vide order dated 15.03.2022.

T h e applicant has been arrested on 28.05.2021 by Police Station- Bairagarh, Bhopal Distt. Bhopal in connection with Crime No.324/2021 for the offence punishable under Sections 302 of Indian Penal Code.

This repeat application has been filed on the ground that the applicant is in custody since 28.05.2021 and statements of several witnesses have been

recorded and to certain extent they have not supported the prosecution story. There was no intention of inflicting injury to the deceased. Had he been given proper treatment in time, the situation would have been different and there would have been a possibility that he would survive. Looking to the custody period of the applicant, he prays for grant of bail.

Learned counsel for the State has vehemently opposed the application stating that the applicant is the principal accused in the matter. He is the person who has inflicted injury by means of Danda on the head of the deceased which is medically corroborated. There are repeated blows inflicted by him. The statements of witnesses have already been considered at the time rejection of earlier application. The contradictions cannot be looked into in view of the judgment passed by the Hon'ble Supreme Court in the case of Satish Jaggi Vs. State of Chhattisgarh and others reported in 2007 Vol 11 SCC 195 . On these grounds, he has prayed for dismissal of the application.

Considering the overall facts and circumstances of the case, this Court

Signature Not Verified does not deem it appropriate to allow this application. Signed by: ANAND KRISHNA SEN Signing time: 10/14/2022 2:06:20 PM

Application is hereby rejected.

(VISHAL MISHRA) JUDGE anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/14/2022 2:06:20 PM