Rewaram vs The State Of M.P.
2023 Latest Caselaw 4096 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                               ON THE 15 th OF MARCH, 2023
                                         MISC. CRIMINAL CASE No. 3786 of 2023

                          BETWEEN:-
                          REWARAM S/O FAILIRAM AHIRWAR, AGED ABOUT 37
                          YEARS, OCCUPATION: MAJDURI R/O VILLAGE BILKHO
                          P.S. NAIRABAD TAHSIL BERASIYA DISTRICT BHOPAL
                          (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI MAHENDRA SINGH - ADVOCATE)

                          AND
                          THE STATE OF M.P. THROUGH POLICE STATION
                          NAZIRABAD DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          (BY SHRI S. K. GUPTA - PANEL LAWYER)

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

This third bail application under Section 439 of the Code of Criminal

Procedure has been filed on behalf of the applicant for grant of bail pending the trial. His earlier two applications bearing M.Cr.C.No.12817/2021 and M.Cr.C. No.49182/2022 were dismissed as withdrawn vide orders dated 21.6.2021 and 6.1.2023.

The applicant has been arrested in connection with Crime No.251/2022, registered at P.S. Nazirabad, District Bhopal (M.P.) for commission of offence under Sections 294, 323, 307, 34, 506 and 302 of IPC. He is in detention since

Signature Not Verified 03.9.2022.

Signed by: DEEPA MISHRA Signing time: 3/16/2023 2:21:42 PM

Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. Referring to the evidence of witness Roopsingh, particularly para 4 and 11 of his cross examination, learned counsel has contended that at the time of incident, this witness was inside the home. He had not seen the incident and has admitted the fact that a counter case was registered against him, Kashiram and Shaitan Ahirwar. In the light of the evidence of aforesaid witness, it is prayed that applicant be released on bail.

On the other hand, learned counsel for the State has opposed grant of bail to the applicant.

As per prosecution story, on 30.8.2022 at around 5 - 5.30 P.M. complainant Roop Singh along with his father Jamnaprasad and brother Golu was standing. In the meantime, Rewaram and his brother-in-law Batanlal armed with axe and Diwan Ahirwar and Halke Ahirwar armed with wood stick came and abused him. Thereafter, Rewaram gave axe blow on the head of complainant's father. Diwan hit his father with wood stick. When Golu came to pacify, Batan gave axe blow near his eyes. Diwansingh and Halkeram gave a blow by means of wood stick and by fist. FIR was registered.

In examination-in-chief, Roopsingh has made specific allegations against the present applicant of causing injury by means of axe on the head of his deceased father. As far as evidence of witness is concerned, that has to be weighed and examined by the trial Court at the time of delivery of judgment. This Court is not required to examine the evidence of witness at this stage. There is sufficient evidence on record against the present applicant about assaulting the deceased by means of axe.

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 3/16/2023 2:21:42 PM

Therefore, without expressing any opinion on the merits of the case, I am of the view that it is not a fit case for grant of bail. Therefore, this third bail application under Section 439 of Cr.P.C. filed on behalf of the applicant- Rewaram is dismissed.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 3/16/2023 2:21:42 PM