DAAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) CASE Diary is perused. Learned counsel for the rival parties are heard.

(2.) THIS is first application under Section 439 Cr.P.C. by the applicant for grant of bail. Applicant has been arrested in connection with crime No. 141/2012, registered at Police Station Pichhore, District - Shivpuri, (M.P.) u/Ss. 323, 294, 342, 336, 506B, 34, 307 & 302 of IPC on 16/05/2012, since when applicant is in judicial custody.

(3.) CONSIDERING the fact that the applicant is in custody since 16/05/2012 and the charge -sheet has since been filed and the prosecution story discloses that though there are allegations that the applicant alongwith other co -accused persons assaulted the deceased with stones, but the MLC report discloses grievous injuries on the limbs and not on any vital part of the body, whereas postmortem report discloses that the death of the deceased was due to injuries on the lings, whereas, none of the ribs are reported to be fractured as the MLC report does not disclose any injury on the chest of the deceased rendering the prosecution story doubtful which on prima facie basis should weigh in favour of the applicant and since applicant has no criminal antecedents as stated by the State counsel and trial is not likely to be concluded at an early date and prolonged pretrial detention being an anathema to the concept of liberty, this court is inclined to extend the benefit of bail to the applicant.