RAMESHWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second repeat application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. His first application was dismissed as withdrawn on 06/01/2020 in Mis. Cr. Case No.46373/2019 with liberty to revive after four weeks. The applicant is in custody since 06/08/2019 in connection with crime No.233/2019 registered at Police Station Ringnod, District Ratlam for the offence punishable under section 302 IPC.

(2.) As per prosecution case, the deceased Dinesh since was suffering from serious ailment had visited a temple (holy place) situated at Pipliya Jodha, district Ratlam alongwith his wife for treatment through traditional spiritual way. On the fateful day, i.e., on 04/08/2019 at about 11.00 in the night, the deceased for responding to the nature's call had peed in front of shop of the applicant where he was selling puja samagri. The applicant allegedly hit the deceased with stick out of anger and grave provocation. Ultimately, the deceased died. Accordingly, case has been registered against the accused person/applicant.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. The applicant did not hit the deceased as alleged. The cause of death shown in the post mortem report is cardiac arrest. There is no external injury on the person of the deceased albeith it is alleged that the deceased omitted blood. According to the learned counsel, the ingredients of section 302 IPC are not fulfilling either in the context of intention or motive or knowledge. Learned counsel further submits that even otherwise the applicant had suffered jail incarceration since 06/08/2019. The investigation is complete and challan has been filed. Therefore, the applicant is not required for custodial interrogation. The applicant does not have criminal antecedents. The applicant is bona fide resident of Pipliya Jodha. The applicant is sole bread earner in the family and the family is on the verge of starvation due to his jail incarceration. His further incarceration shall jeopardize life of the family members. Due to Covid-19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result there is possibility of undue and prolonged delay of trial in the obtaining facts and circumstances cannot be ruled out. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.