Raghunath Singh vs The State Of Madhya Pradesh
2024 Latest Caselaw 4737 MP

Madhya Pradesh High Court

Raghunath Singh vs The State Of Madhya Pradesh on 19 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                     BEFORE
                                        HON'BLE SMT. JUSTICE SUNITA YADAV
                                             ON THE 19 th OF FEBRUARY, 2024
                                         MISC. CRIMINAL CASE No. 4916 of 2024

                          BETWEEN:-
                          RAGHUNATH SINGH S/O SHRI RAJARAM, AGED 70
                          YEAR S , OCCUPATION : AGRICULTURIST, VILLAGE
                          BAMROLI DISTRICT DHOLPUR (RAJASTHAN)

                                                                                         .....APPLICANT
                          (BY SHRI ADITYA SHARMA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION   SARAICHHOLA,   DISTRICT  MORENA
                          (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI VPS TOMAR - PANEL LAWYER)

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

This is second application filed by the applicant under Section 439 of the

Cr.P.C. for grant of bail relating to Crime No. 42 of 2008 registered at Police Station Saraichhola, District Morena (M.P.) for the offence under Sections 302,307, 147, 148, 149 of IPC. First application of the applicant was dismissed as withdrawn by the Coordinate Bench of this Court vide order dated 27.12.2023 pass in M.Cr.C.No.55737 of 2023.

Health status report of the applicant/accused has been filed by the Panel Lawyer for the respondent/State, according to which, one hand of the

applicant/accused has been amputated and he is having hole in the head.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated whose one hand got amputated from the shoulder and is under treatment. He is having hole on his head. Further submission is that as per the prosecution story, applicant/accused inflicted lathi blow on deceased, however, the entire prosecution story is suspicious on account of the fact that all the co-accused persons have been acquitted for committing the murder of deceased in S.T.No.180/2009 by the judgment dated 24.10.2013. On account of above condition, the applicant/accused could not appear before learned trial Court. He is required treatment on account of his physical condition which has been verified by the concerned Jail Authority.

Now, after rejection of the earlier application, charge sheet has already been filed, therefore, his custodial interrogation is not required anymore. The applicant is aged 70 years and he is the resident of District Dholpur Rajasthan (M.P.). He is ready to abide by all the terms and conditions imposed by this Court while granting bail. On these grounds, he prays for grant of bail to the applicant.

P er contra, learned Panel Lawyer for the respondent/State vehemently opposed the bail application and prayed for its dismissal.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with two local solvent sureties of Rs.50,000/- each in the like amount to the satisfaction of

the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit an offence similar to the offence for which he is accused;

5) The applicant will not seek unnecessary adjournments during the trial; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE AK/-