GIRDHARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) ARGUMENTS heard. Applicants brothers widow Kalli and her daughter Sanyogita were killed on the night between 9th & 10th November, 1990. The body of Sanyogita was found inside the house and Kalli was found at a short distance from her residence. A report was lodged and the case u/s 302 and 460, I.P.C., was registered against the applicant. The trial has proceeded considerably and most of the important witness have been examined. The sub mission is that there is no circumstance to show that the applicant is the murderer. Even if the recovery of the blood stained gandasa, shirt and fulpant said to have been recovered at the instance of the applicant are taken on their face value, they cannot form the basis of the applicants conviction and, since there is no other evidence to connect him with crime, he is entitled to be released on bail. It is also submitted the recovery of the gandasa at the applicants instance is rendered doubtful in the evidence of Ramlakhan (P.W. 2) who tells that the said weapon was found out from the place of hiding by the police-party. It is not desirable to comment on the veracity and worth of the said statement. On considering the circumstances in their totality, it is felt that the applicant is entitled to be released on bail and as such it is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs. 10,000.00 with one surety in the like amount to the satisfaction of CJM, Sato a and for his continuing so to attend until otherwise directed by that Court, and at such place as that Court may direct in that behalf. C.C. on payment.