LAKHAN Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this application filed under Section 439 of the Cr.P.C. applicant Lakhan has moved the application for grant of bail being implicated in Crime No. 294/2011 registered by police station Kshipra, Indore for offence under Sections 302, 147, 148, 149 & 307 of the IPC.

(2.) Counsel for the applicant has drawn attention to this Court regarding the order of granting bail to co -accused Jagdish & Ramchandra in M. Cr.C. No. 5318/2012. Counsel for the applicant submitted that the bail had been granted on the basis that genesis of occurrence was suppressed since the prosecution had failed to give any explanation regarding the injury sustained by the applicant also. Counsel for the applicant No. 2 Ramchandra had also sustained injury and the part of his ear was cut off. Similarly six other injuries were sustained by assault of the complainant party. Moreover, placing reliance in the Lakshmi Singh and others Vs. State of Bihar : AIR 1976 SC 2263. Counsel urged that it was essential to decide as to who was the aggressors, the prosecution has come out with the two versions and hence Counsel submitted that in the cross -case the complainant party had already got bail and on the grounds of parity also the applicant was entitled to the same.

(3.) ON considering the above submissions, the impugned order and material available in the case diary and looking to the nature of allegations and fact that the applicant is in jail since 23.09.2012, I find that it is a fit case for grant of bail. The application is, therefore, allowed.