Madhya Pradesh High Court
Shankar Kol vs The State Of Madhya Pradesh on 26 December, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA
PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 26 th OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 56559 of 2023
BETWEEN:-
1. SHANKAR KOL S/O SHRI BINNU KOL, AGED
ABOUT 35 YEARS, OCCUPATION: LABOUR
R/O VILLAGE KHAIRHA POLICE STATION
KHAIRHA DISTRICT SHAHDOL (MADHYA
PRADESH)
2. RAJESH PRASAD KOL S/O SHRI KAMTA KOL,
AGED ABOUT 23 YEARS, OCCUPATION:
LABOUR R/O VILLAGE KHAIRHA POLICE
STATION KHAIRHA DISTRICT SHAHDOL
(MADHYA PRADESH)
3. RAMRAHIS KOL S/O SHRI RAMAVTAR KOL,
AGED ABOUT 33 YEARS, OCCUPATION:
LABOUR R/O VILLAGE KHAIRHA POLICE
STATION KHAIRHA DISTRICT SHAHDOL
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI ATUL UPADHAYAY - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION KHAIRAHA DISTRICT SHAHDOL
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI JITENDRA SHRIVASTAVA - PANEL LAWYER)
T h is application coming on for admission this day, t h e court
passed the following:
ORDER
Case diary is available.
2. This first application under Section 439 Cr.P.C. has been filed for
grant of bail.
3. The applicants have been arrested on 05.12.2023 in connection with
Crime No.313/2023 registered at Police Station Khairha, District Shahdol
for offence under Section 304/34 of IPC and Section 135 of Electricity
Act.
4. I t is submitted by the learned counsel for the applicants that
according to the prosecution's case, on 28.09.2023 the deceased Ganesh
Kol along with Shankar Kol, Amresh Kol, Rajesh Kol, Guddu Kol and
Ram Rahees Kol went for fishing. While they were putting an electric wire,
the deceased got electrocuted and as a result, he succumbed to his
injuries. It is submitted by the counsel for the applicant that there is
nothing on record which may indicate that the deceased died on account
of any rash and negligent act by the applicants. The applicants are in jail
fro m 05.12.2023. The trial is likely to take sufficiently long time. The
applicants have no criminal antecedents.
5. Per contra, the application is vehemently opposed by the counsel for
the State. It is submitted by the counsel for the State that all the persons
were trying to put an electric wire in the river and during that period the
deceased got electrocuted. It is fairly conceded that applicants have no
criminal history.
6. Considering the period of detention as well as criminal history of the
applicants, this Court is of the considered opinion that the applicants can
be granted bail.
7. Accordingly, without commenting on the merits of the case, the
application is allowed. It is directed that the applicants shall be released
on bail on furnishing personal bond of Rs.1,00,000/- (Rupees One
Lacs) each 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.
8. This order shall remain effective till the end of trial but in case of bail
jump, it shall become ineffective.
9. 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.
CC as per rules
(G.S. AHLUWALIA)
V. JUDGE
DevS
