Madhya Pradesh High Court
Puran Bairwa vs The State Of Madhya Pradesh on 7 August, 2024
Author: Anand Pathak
Bench: Anand Pathak
1 MCRC-23797-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 7 th OF AUGUST, 2024
MISC. CRIMINAL CASE No. 23797 of 2024
PURAN BAIRWA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Arshad Ali, learned counsel for the applicant.
Shri Yogesh Parashar, learned Government Advocate for respondent/State.
ORDER
1. The applicant has filed this first application under Section 439 of Code
of Criminal Procedure for grant of bail. The applicant has been arrested on
09.10.2023 by Police Station Dhodhar, District Sheopur in relation to Crime
No.28/2023 for the offences punishable under Sections 353, 394, 186, 332,
294, 393 of IPC and Sections 11 and 13 of MPDVPK Act.
2. It is the submission of learned counsel for the petitioner that some of the
prosecution witnesses have been examined and therefore, looking to the
period of custody, their case may be considered for bail. He relied upon the
judgments Gudikanti Narasimhulu v. Public Prosecutor (1978) 1 SCC
240, Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar, (1980) 1
SCC 81 and Satender Kumar Antil vs Central B u reau Of
Investigation (2022) 10 SCC 51 . He undertakes to cooperate in trial. Thus,
prayed for bail.
3. Learned counsel for the State opposed the prayer and submitted that it is
a case where petitioners were involved in excavation of sand/stone by way of
illegal mining. On the date of incident i.e. 21.02.2023, forest staff seized the
tractor trolley filled with excavated stone then on telephone, all accused
2 MCRC-23797-2024
collected at the spot and started verbal and physical abuse with forest staff
and took away tractor trolley despite resistance being offered by the forest
staff. In Chambal region illegal mining is rampant and when their vehicles
are intercepted by the Police or Forest staff then at times Police
Officers/Forest Officers including one IPC officers were killed by them
either trampled by tractor or they come in groups and take away the seized
vehicle forcefully. This way morale of the enforcement agencies lowers
down and people are emboldened to take law in their own hands. This act is
tampering with the law and order and administration of justice.
4. Heard the counsel for the parties and perused the case dairy.
5. This is the case where applicant is facing allegations of offence under
Sections 353, 394, 186, 332, 294, 393 of IPC and Sections 11 and 13 of
MPDVPK Act. Allegations are serious in nature. As per allegations,
applicant was instrumental in beating the forest staff and taking away the
vehicle which was seized by the forest department for illegal mining.
6. As submitted by the counsel for the respondent/State this practice is
very rampant in Chambal region. At times Police and Forest Officers were
being killed by them when those officers intercepted the vehicles of the
people who were engaged in illegal mining. Besides that applicant remained
under absconsion for 7-8 months and this is common practice that some
accused remain in absconsion and try to influence the witnesses so that they
may turn hostile and thereafter, surrender before the police.
7. Some of the prosecution witnesses did not support the story of
prosecution but Hemant Bhargava (PW-1) who deposed in his court
statement about the involvement of the applicant in crime. Some of the
witnesses are yet to be examined.
8. Looking to the fact that allegations against the applicant are serious in
nature and have wider ramifications over the rule of law and administration
of justice and the fact that prosecution witnesses may be tampered, this
application stands dismissed at this stage,
3 MCRC-23797-2024
9. However, applicant shall be at liberty to renew the prayer after a month
or so when some more prosecution witnesses shall be examined.
10. At present application sans merit is hereby dismissed.
(ANAND PATHAK)
JUDGE
Ashish*
